問 我想這里問一下(xia)，集(ji)體合同與勞動合同的區別是什么？知道的可(ke)以說一下(xia)嗎？謝(xie)謝(xie)！

答 第一，簽(qian)約主(zhu)體(ti)不同(tong)(tong)(tong)。集(ji)(ji)體(ti)合同(tong)(tong)(tong)是由(you)(you)職工(gong)(gong)(gong)(gong)代(dai)表(biao)與(yu)用人(ren)單(dan)(dan)(dan)位簽(qian)訂(ding)(ding)，而(er)勞(lao)動(dong)合同(tong)(tong)(tong)是由(you)(you)勞(lao)動(dong)者(zhe)本(ben)人(ren)與(yu)用工(gong)(gong)(gong)(gong)單(dan)(dan)(dan)位簽(qian)訂(ding)(ding)。 第二，簽(qian)訂(ding)(ding)程序不同(tong)(tong)(tong)。集(ji)(ji)體(ti)合同(tong)(tong)(tong)需由(you)(you)職工(gong)(gong)(gong)(gong)代(dai)表(biao)與(yu)用人(ren)單(dan)(dan)(dan)位先行(xing)協商合同(tong)(tong)(tong)草案，經職工(gong)(gong)(gong)(gong)代(dai)表(biao)大會或(huo)者(zhe)全體(ti)職工(gong)(gong)(gong)(gong)討(tao)論通過(guo)；而(er)勞(lao)動(dong)合同(tong)(tong)(tong)由(you)(you)職工(gong)(gong)(gong)(gong)本(ben)人(ren)與(yu)用工(gong)(gong)(gong)(gong)單(dan)(dan)(dan)位直(zhi)接(jie)簽(qian)訂(ding)(ding)。 第三，生(sheng)效(xiao)(xiao)條(tiao)件不同(tong)(tong)(tong)。集(ji)(ji)體(ti)合同(tong)(tong)(tong)簽(qian)訂(ding)(ding)后(hou)應當報送勞(lao)動(dong)行(xing)政(zheng)部門，勞(lao)動(dong)行(xing)政(zheng)部門自收到集(ji)(ji)體(ti)合同(tong)(tong)(tong)之(zhi)日起15日內(nei)未提出異議的，集(ji)(ji)體(ti)合同(tong)(tong)(tong)即行(xing)生(sheng)效(xiao)(xiao)；而(er)勞(lao)動(dong)合同(tong)(tong)(tong)依法訂(ding)(ding)立即具有法律約束力。 第四，效(xiao)(xiao)力所調整的主(zhu)體(ti)范圍不同(tong)(tong)(tong)。集(ji)(ji)體(ti)合同(tong)(tong)(tong)生(sheng)效(xiao)(xiao)后(hou)，對用工(gong)(gong)(gong)(gong)單(dan)(dan)(dan)位和單(dan)(dan)(dan)位全體(ti)職工(gong)(gong)(gong)(gong)具有約束力；而(er)勞(lao)動(dong)合同(tong)(tong)(tong)生(sheng)效(xiao)(xiao)后(hou)僅(jin)適用于職工(gong)(gong)(gong)(gong)本(ben)人(ren)和用工(gong)(gong)(gong)(gong)單(dan)(dan)(dan)位。