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Does the agent need to be responsible for labor disputes in the labor contract?

In the labor contract, the agent does not need to be responsible for labor disputes.

Generally speaking, an agent is not responsible when signing a contract. However, if an agent enters into a contract beyond the scope of his authority, he will need to bear the resulting legal consequences. Generally, for contracts signed by an agent within the scope of agency authority, the relevant legal responsibilities belong to the principal and the principal, and the agent is not responsible.

The labor contract should have the following clauses:

1. The name, address and legal representative or principal responsible person of the employer;

2. The employee’s Name, address and resident ID card or other valid ID number;

3. Labor contract term;

4. Work content and work location;

5 , working hours and rest and vacation;

6. Labor remuneration;

7. Social insurance;

8. Labor protection, working conditions and occupational hazard protection;

9. Other matters that should be included in the labor contract as stipulated by laws and regulations.

If the employer has any of the following circumstances, the employee may terminate the labor contract:

1. Failure to provide labor protection or labor conditions as stipulated in the labor contract;

< p>2. Failure to pay labor remuneration in full and on time;

3. Failure to pay social insurance premiums for workers in accordance with the law;

4. The employer’s rules and regulations violate the law, The provisions of laws and regulations harm the rights and interests of workers;

5. The labor contract is invalid because the other party concludes or changes the labor contract against its true intention by means of fraud, coercion or taking advantage of others' danger;

6. Other circumstances under which employees may terminate labor contracts under laws and administrative regulations.

The employer may terminate the labor contract if the employee has any of the following circumstances:

1. During the probation period, the employee is proven not to meet the employment conditions;

2. Seriously violate the rules and regulations of the employer;

3. Serious dereliction of duty, engage in malpractice for personal gain, causing significant damage to the employer;

4. The worker violates the rules and regulations of the employer at the same time;

4. The establishment of a labor relationship has a serious impact on the completion of the work tasks of the unit, or the employer refuses to make corrections after it is proposed;

5. Using fraud, coercion, or taking advantage of others' danger, causing the other party to violate the truth Entering into or changing a labor contract without intention, rendering the labor contract invalid;

6. Being held criminally responsible in accordance with the law.

To sum up, generally speaking, agents are not responsible for signing contracts. However, if an agent enters into a contract beyond the scope of his authority, he will need to bear the resulting legal consequences. Generally, for contracts signed by an agent within the scope of agency authority, the relevant legal responsibilities belong to the principal and the principal, and the agent is not responsible.

Legal basis:

Article 171 of the "People's Republic of China and Civil Code"

A person who has no authority to act as an agent has no authority to act as an agent. If the agency power is exceeded or the agency power is terminated, the agency act is still performed without ratification by the principal, and it will not be effective against the principal.

The counterparty may urge the principal to ratify it within thirty days from the date of receipt of the notice. If the principal fails to make any representation, it shall be deemed as a refusal to ratify. Before the act performed by the actor is ratified, the counterparty in good faith has the right to revoke it. Cancellation shall be made by notification.

If the act committed by the actor has not been ratified, the counterparty in good faith has the right to request the actor to perform the debt or to request compensation from the actor for the damage suffered. However, the scope of compensation shall not exceed the benefits that the counterparty can obtain when ratified by the agent.

If the counterparty knows or should know that the actor has no authority to act, the counterparty and the perpetrator shall bear liability according to their respective faults.

Article 82 of the "Labor Contract of the People's Republic of China"

The legal liability of an employer that fails to conclude a written labor contract is more than one month but less than one month from the date of employment. If the employer fails to conclude a written labor contract with the employee within 20 years, the employee shall be paid twice the monthly salary.

If an employer violates the provisions of this Law and fails to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary starting from the date when the indefinite-term labor contract should be concluded.

Article 12

Types of labor contracts Labor contracts are divided into fixed-term labor contracts, non-fixed-term labor contracts and labor contracts that are limited to the completion of certain work tasks.

Article 13

Fixed-term labor contract A fixed-term labor contract refers to a labor contract in which the employer and the employee agree on the time for the termination of the contract.

The employer and the employee can enter into a fixed-term labor contract if they reach consensus through consultation.