集體合同與勞動合同的區別是什么?
問 我想這里問一下,集體合(he)同(tong)(tong)與勞動(dong)合(he)同(tong)(tong)的(de)區別是什么?知(zhi)道的(de)可以說(shuo)一下嗎?謝謝!
答 第(di)一,簽約(yue)主(zhu)體(ti)不(bu)同(tong)(tong)(tong)(tong)(tong)。集體(ti)合(he)同(tong)(tong)(tong)(tong)(tong)是由職(zhi)工(gong)(gong)(gong)代(dai)表(biao)與(yu)用(yong)人(ren)(ren)單(dan)(dan)(dan)(dan)(dan)位簽訂(ding),而勞(lao)動(dong)(dong)合(he)同(tong)(tong)(tong)(tong)(tong)是由勞(lao)動(dong)(dong)者本人(ren)(ren)與(yu)用(yong)工(gong)(gong)(gong)單(dan)(dan)(dan)(dan)(dan)位簽訂(ding)。 第(di)二,簽訂(ding)程序(xu)不(bu)同(tong)(tong)(tong)(tong)(tong)。集體(ti)合(he)同(tong)(tong)(tong)(tong)(tong)需由職(zhi)工(gong)(gong)(gong)代(dai)表(biao)與(yu)用(yong)人(ren)(ren)單(dan)(dan)(dan)(dan)(dan)位先(xian)行協(xie)商合(he)同(tong)(tong)(tong)(tong)(tong)草案,經職(zhi)工(gong)(gong)(gong)代(dai)表(biao)大(da)會或者全體(ti)職(zhi)工(gong)(gong)(gong)討論(lun)通過;而勞(lao)動(dong)(dong)合(he)同(tong)(tong)(tong)(tong)(tong)由職(zhi)工(gong)(gong)(gong)本人(ren)(ren)與(yu)用(yong)工(gong)(gong)(gong)單(dan)(dan)(dan)(dan)(dan)位直接簽訂(ding)。 第(di)三,生效(xiao)條(tiao)件不(bu)同(tong)(tong)(tong)(tong)(tong)。集體(ti)合(he)同(tong)(tong)(tong)(tong)(tong)簽訂(ding)后應當報送勞(lao)動(dong)(dong)行政部門,勞(lao)動(dong)(dong)行政部門自收(shou)到(dao)集體(ti)合(he)同(tong)(tong)(tong)(tong)(tong)之日起15日內(nei)未提出異議的,集體(ti)合(he)同(tong)(tong)(tong)(tong)(tong)即(ji)(ji)行生效(xiao);而勞(lao)動(dong)(dong)合(he)同(tong)(tong)(tong)(tong)(tong)依法(fa)訂(ding)立(li)即(ji)(ji)具有法(fa)律約(yue)束力。 第(di)四,效(xiao)力所調整的主(zhu)體(ti)范(fan)圍(wei)不(bu)同(tong)(tong)(tong)(tong)(tong)。集體(ti)合(he)同(tong)(tong)(tong)(tong)(tong)生效(xiao)后,對用(yong)工(gong)(gong)(gong)單(dan)(dan)(dan)(dan)(dan)位和單(dan)(dan)(dan)(dan)(dan)位全體(ti)職(zhi)工(gong)(gong)(gong)具有約(yue)束力;而勞(lao)動(dong)(dong)合(he)同(tong)(tong)(tong)(tong)(tong)生效(xiao)后僅適(shi)用(yong)于(yu)職(zhi)工(gong)(gong)(gong)本人(ren)(ren)和用(yong)工(gong)(gong)(gong)單(dan)(dan)(dan)(dan)(dan)位。