Invalid

According to Article 10 of the Labor Contract Law, to establish a labor relationship, a written labor contract must be concluded. If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract must be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

According to Article 16 of the "Labor Contract Law": "A labor contract shall be agreed upon by the employer and the employee through negotiation, and shall become effective upon the signature or seal of the employer and the employee on the labor contract text."< /p>

So your rights are protected from the time you establish the labor relationship with your employer, not the time the paper contract is signed. Paper contracts are only the expression of rights and obligations. If either party fails to sign or seal the agreement, the agreement will be invalid.

Extended information:

Case:

Ms. Li has been working as a secretary in a software company for more than two years. Recently, several mistakes have been made at work, which made the general manager very dissatisfied. As a result, the company decided to terminate her labor contract. Ms. Li felt aggrieved. Just because something had gone wrong at work recently, it would be too much for the company to terminate the contract. So, she went to the company leader to argue. Unexpectedly, the company leader took out the labor contract signed that year and discovered that the labor contract was There is no official company seal stamped on it.

Now, the company’s attitude became even tougher, and they told Ms. Li that when we signed the contract, the company did not stamp the contract, only the signature of the company’s legal representative. Therefore, this contract is invalid. Ms. Li believes that although the labor contract signed with the company does not have an official seal, it does have the signature of the legal representative. This means that the company recognizes the contract. How can it be said to be an invalid contract?

A dispute arose between the two parties, and the company submitted the dispute to a labor dispute arbitration institution, requesting that the contract be deemed invalid. The arbitration committee believed that although the contract had certain formal flaws, it could not be deemed invalid. Moreover, both the company and Ms. Li had performed the corresponding obligations as stipulated in the contract for more than a year. obligation. The contract was ruled to be legal and valid.

Fabang.com—Case