The labor contract must be signed by the employer and the employee after consultation, and the content must not be illegal, and it must be in duplicate, with the employer and the employee holding one respectively. 1. The labor contract is made in duplicate. The labor contract shall come into effect after the employer and the employee reach an agreement through consultation and sign or seal the text of the labor contract. The text of the labor contract is held by the employer and the employee respectively. 2. Matters needing attention in signing a labor contract 1. When signing a contract, workers must first understand the basic situation of the company and judge whether it is a legitimate enterprise. The name, address and telephone number of its legal representative shall be known. This information can be obtained by searching industrial and commercial registration information on the Internet, and it is required to clearly write these contents in the contract. 2. Laborers should be clear about their specific work, and indicate the content and specific location of the work in the contract. A case: Zhang lives near Sijiqing Bridge in Haidian District, Beijing. She goes to a supermarket chain near her home to apply for a job. After a while, the company transferred her to a chain store in Daxing, a suburb, which caused a dispute. As the contract only stated that Zhang was going to work in Beijing, the focus of this labor dispute case was that the specific work place agreed in the contract was unknown, which led to the failure of the case. Case 2: Zhao applied for an assembly and debugging job in an automobile factory, which belongs to a technical type of work and has a high salary; Later, the company transferred him to a low-paying position in the non-technical category, and he didn't want to do it. After a labor dispute with an enterprise, it is written as an "operator" in the contract, which involves a wide range of work, and the specific nature of the work is not clear, which leads to the dispute losing. 3, labor remuneration should be clear, avoid verbal agreement. What is the standard salary? Is there a bonus? According to what criteria are bonuses paid? These data must be reflected in the contract, don't believe the boss's verbal commitment. Case: Xiao Li went to work in a private enterprise, and the salary on the contract was more than RMB 1000 per month. The boss promised to get more than 2000 a month. After working for several months, Xiao Li still got more than 1000 a month, which led to disputes. Finally, because the boss didn't say anything, Xiao Li didn't get the reward he wanted. 4. Pay special attention to the probation period. The law stipulates that the probation period shall not exceed six months at the longest, and the contract that only stipulates the probation period is invalid. It is cheating to ask workers to leave after the probation period. During the probation period, the employer shall not terminate the labor relationship without reason; Employees can leave their jobs unless they do not meet the recruitment requirements. 5. The payment method and time of labor remuneration should be clear, whether it is cash payment or bank payment. Some units bind workers by withholding one month's salary, which has no legal effect. After the termination of the labor contract, if the employer refuses to provide the withheld labor remuneration, the employee may settle it through labor arbitration. 6. The working hours and working conditions of workers should be clear. Some workers acquiesce in the enterprise's request for severe overtime in order to make more money. This is against the labor law, and now there are more and more wage disputes. In addition, the working environment is toxic and harmful, especially in chemical tanning and shoemaking enterprises, and the working environment that may cause mechanical damage to workers in the mechanical processing industry should be clearly stated in the contract. 7. Social insurance agreement. Some enterprises mislead workers to voluntarily choose to give up social security on the grounds that they can get more wages without social security. Lawyers remind workers that social security should be considered for a long time, and the longer the working hours, the greater the problem, which involves the issue of providing for the elderly; Once an industrial accident occurs, the quickest solution is to quickly choose the green channel of industrial injury insurance subsidies and save lives through social insurance purchased by workers. Therefore, having social security means having security. 8. Don't sign a blank contract. Blank contract means that enterprises take out a blank contract in order to cope with the inspection, and let the workers sign and press their fingerprints first, and go through a procedure. Workers don't take contracts seriously, and some contracts are not even stamped. In the event of a labor dispute, this kind of contract is invalid, and the cost of workers' rights protection is high. 9. Some contracts stipulate illegal contents, such as "self-care for work-related injuries" in which female employees are not allowed to get married and have children, and requiring workers to sign life and death contracts. These terms are legally invalid and workers can refuse to sign. 10. After the labor contract is sealed, the employee and the employer shall each hold one copy. A labor contract is the most direct and effective legal document that can be issued by both employers and employees when a labor dispute occurs. When dealing with work-related injury cases, there are not a few cases in which the employer's claim for compensation is rejected because the laborer does not have a labor contract at hand. Some enterprises took both contracts away after signing them. When a dispute occurs, the employee does not have a contract, and the unit may not necessarily admit that this person exists. Three. According to the law, when signing a labor contract with a laborer, the employer shall sign the labor contract, that is, the legal representative shall sign it and affix the official seal of the enterprise. With regard to the verification of labor contracts, the definition of verification in China's current laws is "encouraging verification" rather than "compulsory verification". In other words, certification is only a form for the labor contract management department to examine and confirm the contract, and it cannot be used as a sign to measure whether the labor contract is valid or not. Therefore, the labor contract is invalid without the examination and seal of the appraisal organ and has no legal basis. Labor contracts that violate laws and administrative regulations and labor contracts concluded by fraud or threat are invalid. The invalidity of a labor contract shall be confirmed by the labor dispute arbitration commission or the people's court. The invalid reasons are as follows: 1, and the contract entity is unqualified. The employed party provides false academic qualifications, degrees, professional and technical qualification certificates, and the employing unit does not have recruitment qualifications. 2. The content of the contract is illegal, that is, the labor contract violates laws, regulations and good customs, or harms the national and social public interests. For example, making ice and counterfeit money. Labor contracts containing illegal contents are not protected by law. 3. The meaning is not true. A labor contract is the product of consensus reached by both parties and should be the true expression of the parties' intentions. Labor contracts concluded by means of fraud, threats, etc. It is against the true meaning of one party, so it is invalid. 4. The contract format is illegal. This means that the labor contract is not in written form, the parties have not actually fulfilled their main obligations, or the labor contract that should be authenticated according to law or at the request of the parties has not been authenticated. Under normal circumstances, as long as the parties take remedial measures to legalize the contract formally, the contract can be considered valid. According to the law, we can know that the labor contract is reached through consultation between the employer and the employee, and it will take effect after the employer and the employee sign or seal the text of the labor contract. The text of the labor contract is held by the employer and the employee respectively.

Legal objectivity:

Article 3 of the Labor Contract Law

The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation and good faith.

The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 16

A labor contract shall be reached through consultation between the employer and the employee, and shall come into effect after the text of the labor contract is signed or sealed by the employer and the employee.

The text of the labor contract is held by the employer and the employee respectively.