1. Does the labor contract take effect without signature or seal?
If either party fails to sign or seal the agreement, the agreement is invalid.
To establish labor relations according to Article 10 of the Labor Contract Law, a written labor contract shall be concluded.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall 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.
When an employer signs a labor contract with a laborer, it shall sign a labor contract. That is, it is signed by the legal representative and stamped with the official seal of the enterprise.
It is not in line with the labor law that the company does not affix the official seal to the labor contract, but this problem is mainly caused by the company's fault, and the company should bear the main responsibility.
Therefore, although the contract has no official seal, it is signed by the legal representative (general manager) after all, and the legal representative has the right to conclude the contract on behalf of the company.
A contract cannot be deemed invalid just because there is no official seal. In addition, article 18 of the labor law stipulates two situations of invalid labor: one is a labor contract that violates laws and administrative regulations; The second is the labor contract concluded by means of fraud and threats.
To sum up, although there are some defects in the form of the contract, as long as the contents of the contract are legal and both parties have no fraud or coercion when signing, it is an effective labor contract.
Second, what should I pay attention to when signing a labor contract?
(1) Clarify the post and position, otherwise, the employer will voluntarily resign by means of transfer and disguised oppression without paying any economic compensation.
(2) It is necessary to prevent the employer from repeatedly extending the probation period by changing posts, because the same person in the same position cannot apply for two probation periods, and there is no restriction on changing posts.
(3) Define the minimum wage standard in the labor contract, and it is best to fix the year-end bonus as a part of the salary. Because China has not defined the year-end bonus for the time being, this legal gap may be used by employers and will become a way to deduct wages in the future.
(four) to understand whether the employer has handled social insurance for employees. If there is no social security, it is equivalent to a lot of wages, and you can't enjoy the social security benefits of the state and units.
Three. Circumstances in which the labor contract may not be dissolved.
According to "Labor Law" and relevant laws and regulations, the labor contract will be terminated when it expires or the termination conditions agreed by the parties appear. However, if one of the following conditions is met, even if the labor contract expires, the employer shall not terminate the labor contract:
(1) The Notice of the Ministry of Labor and Social Security and other departments on Further Promoting the System of Equal Consultation and Collective Contract stipulates that when the term of office of the employee consultation representative who participated in the collective consultation and signed the collective contract expires, the enterprise shall, in principle, renew the labor contract with him until the term expires. The term of office of the employee representatives is the same as that of the current collective contract.
(2) The Opinions of the former Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of People's Republic of China (PRC) stipulates that, except for the circumstances stipulated in Article 25 of the Labor Law (that is, those who are proved to be unqualified for employment during the probation period; Serious violation of labor discipline or the rules and regulations of the employer; Serious dereliction of duty, corruption, causing great damage to the interests of the employer; The employee is investigated for criminal responsibility according to law), during the medical treatment period, pregnancy, childbirth and lactation period, the employer shall not terminate the labor contract upon the expiration of the labor contract. The term of the labor contract automatically extends to the medical treatment period, pregnancy, childbirth and lactation period.
(3) the State Council's Regulations on Work-related Injury Insurance stipulates that the employer shall not terminate the labor contract if the degree of disability of the injured employee reaches 1-6. However, if the degree of disability is level 5 or level 6, the employee may request to terminate or terminate the labor relationship with the employer, and the employer will pay a one-time work-related injury medical subsidy and disability employment subsidy.
(4) The Law on the Prevention and Control of Occupational Diseases stipulates that the employer shall not terminate or terminate the labor contract with the employee who has not undergone the occupational health examination before leaving the post; During the period of diagnosis or medical observation, the employer shall not terminate or terminate the labor contract with the suspected occupational disease patient.
In our daily life, as long as the relevant person in charge of the company signs the written labor contract, it can represent the opinions of the company. Generally, in judicial practice, the labor contract law will not be deemed invalid because there is no official seal of the company. However, in order to avoid some unnecessary labor disputes, the workers themselves can also ask the company to stamp the official seal on the contract at that time.