劳务派遣工和合同工主要有三方面的区别:
There are three main differences between dispatched workers and contract workers
首先,二者与单位所签订的合同是不同的。
First of all, the contracts they signed with the units are different.
前者签的是劳务合同,后者签的是劳动合同。
The former is a labor contract, while the latter is a labor contract.
其次,保护二者合法权益的法律法规不同。
Secondly, the laws and regulations to protect their legitimate rights and interests are different.
劳务派遣:《劳务合同》就是指《雇佣合同》,它是确立雇主和劳务人员相互间法律关系、各自的权利、义务和职责的重要文件,是受到《合同法》和《民法》的保护的,但不受《劳动法》的保护。
Labor dispatch: labor contract refers to employment contract. It is an important document to establish the legal relationship, rights, obligations and responsibilities between employers and employees. It is protected by contract law and civil law, but not by labor law.
劳动合同工:根据《劳动法》,只要劳动者年满16周岁且没到退休年龄,而且与第三方不存在“归属关系”,双方就应该而且必须签订《劳动合同》,即使没签,劳动者也受到《劳动法》保护。
Labor contract worker: according to the labor law, as long as the laborer is over 16 years old and does not reach the retirement age, and there is no "ownership relationship" with the third party, both parties should and must sign the labor contract. Even if they do not sign the labor contract, the laborer is also protected by the labor law.
现实中,签订劳务合同,比较常见的情形就是在校生实习。实习生虽然年满16周岁,但与第三方学校还存在“归属关系”,所以用人单位只能与其签订《劳务合同》或实习协议。
In reality, the more common situation of signing labor contract is internship. Although interns are over 16 years old, they still have "ownership relationship" with third-party schools, so employers can only sign "labor contract" or internship agreement with them.
再次,二者所享有的劳动待遇也不同,劳动合同的待遇更好。
Thirdly, the two enjoy different labor treatment, and the treatment of labor contract is better.