1. What responsibility does the company bear for forging the signature of the labor contract?
1. Because there is no signature of the parties, the parties may not recognize its authenticity and apply for appraisal in labor arbitration;
2. Those who forge evidence can be prosecuted separately, and the people's court will impose fines and detention according to the seriousness of the case. If a crime is constituted, criminal responsibility shall be investigated according to law.
The labor contract is a very serious legal document with legal effect, and the employer should bear legal responsibility for forging the certificate of dissolution of the labor contract. In this case, the parties should safeguard their legitimate rights and interests by obtaining relevant evidence, through relevant legal procedures, through labor arbitration, through court proceedings and other effective means.
The effective establishment of a labor contract is based on the voluntary "agreement" behavior of both parties, and the outstanding performance of this "agreement" in labor relations is that both parties can meet their own requirements and the requirements of the other party before signing the labor contract. These conditions and requirements must be objective. Once one party fabricates its own conditions, it will inevitably mislead the other party, so that the other party's expression of will cannot reflect its voluntary will.
Therefore, if the employer adopts fraudulent means to cheat, the labor contract signed by both parties is of course invalid. In terms of specific treatment, the employer should not "dissolve" the labor contract. Because the "dissolution" of the labor contract is based on the "establishment" of the labor contract. On the basis of confirming that the contract between the two parties is "established", the labor contract can be "dissolved".
Second, what is the legal effect of the signed labor contract?
1. A labor contract shall be concluded according to law, that is, it conforms to the provisions of laws and regulations.
2. After the labor contract is concluded according to law, it is legally binding, and the parties must fulfill their obligations stipulated in the labor contract. If either party fails to perform its obligations or violates the provisions of the contract, it shall bear legal responsibilities, and if losses are caused to the other party, it shall bear the liability for compensation according to law.
3. 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, and the reasons for invalidity generally include the following aspects:
(1) 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 contents of the contract are 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 expression of meaning is untrue. 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 form 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.
The company should bear the criminal responsibility of forging the signature of the labor contract. Labor contracts must be concluded according to law, and the contents, procedures and forms of the contracts must meet the statutory requirements. A legally binding labor contract is binding, binding on both parties, and stipulates the rights and obligations of workers and employers. Violation of the labor contract will bear legal responsibility.