集體合同與勞動合同的區別是什么?

[合同協議] ???解決者:熱心網友

問(wen) 我(wo)想這里(li)問一(yi)下,集體合同(tong)與(yu)勞(lao)動合同(tong)的區別是什(shen)么?知道(dao)的可(ke)以說(shuo)一(yi)下嗎?謝(xie)謝(xie)!

第一,簽(qian)約(yue)主體不同(tong)(tong)(tong)(tong)。集(ji)體合(he)同(tong)(tong)(tong)(tong)是(shi)由職工(gong)(gong)(gong)(gong)(gong)代表與用人(ren)單(dan)(dan)位簽(qian)訂,而(er)勞動(dong)合(he)同(tong)(tong)(tong)(tong)是(shi)由勞動(dong)者(zhe)本(ben)(ben)人(ren)與用工(gong)(gong)(gong)(gong)(gong)單(dan)(dan)位簽(qian)訂。 第二,簽(qian)訂程序不同(tong)(tong)(tong)(tong)。集(ji)體合(he)同(tong)(tong)(tong)(tong)需由職工(gong)(gong)(gong)(gong)(gong)代表與用人(ren)單(dan)(dan)位先(xian)行協商合(he)同(tong)(tong)(tong)(tong)草案,經職工(gong)(gong)(gong)(gong)(gong)代表大會或者(zhe)全體職工(gong)(gong)(gong)(gong)(gong)討論通過;而(er)勞動(dong)合(he)同(tong)(tong)(tong)(tong)由職工(gong)(gong)(gong)(gong)(gong)本(ben)(ben)人(ren)與用工(gong)(gong)(gong)(gong)(gong)單(dan)(dan)位直接(jie)簽(qian)訂。 第三,生(sheng)(sheng)效條件不同(tong)(tong)(tong)(tong)。集(ji)體合(he)同(tong)(tong)(tong)(tong)簽(qian)訂后應當(dang)報(bao)送勞動(dong)行政(zheng)部門,勞動(dong)行政(zheng)部門自(zi)收到集(ji)體合(he)同(tong)(tong)(tong)(tong)之日起15日內未提出(chu)異議的,集(ji)體合(he)同(tong)(tong)(tong)(tong)即(ji)(ji)行生(sheng)(sheng)效;而(er)勞動(dong)合(he)同(tong)(tong)(tong)(tong)依(yi)法(fa)訂立即(ji)(ji)具有法(fa)律約(yue)束(shu)(shu)力。 第四,效力所調整(zheng)的主體范圍不同(tong)(tong)(tong)(tong)。集(ji)體合(he)同(tong)(tong)(tong)(tong)生(sheng)(sheng)效后,對(dui)用工(gong)(gong)(gong)(gong)(gong)單(dan)(dan)位和單(dan)(dan)位全體職工(gong)(gong)(gong)(gong)(gong)具有約(yue)束(shu)(shu)力;而(er)勞動(dong)合(he)同(tong)(tong)(tong)(tong)生(sheng)(sheng)效后僅適用于職工(gong)(gong)(gong)(gong)(gong)本(ben)(ben)人(ren)和用工(gong)(gong)(gong)(gong)(gong)單(dan)(dan)位。