Legal subjectivity:

As a kind of agreement, the labor contract must be in duplicate according to general contract customs. Therefore, in reality, if a company comes to sign a labor contract and only gets one contract, even if it has been officially signed and sealed by both parties, it is still against the rules. Because in labor laws, this kind of labor contract requires the employee and the company to each hold one. In actual situations, when an employee signs a labor contract with a company, two labor contracts should be signed instead of one contract, with the employee and the company each holding one. Moreover, the labor contract must be signed and sealed by both the employee and the employer before it can take effect. If the company only obtains one labor contract, and only one signed labor contract is invalid, the employee can actively go to the labor inspection department to file a complaint. Also, some companies come to sign a labor contract without detailing the work content, so the contract is not considered a formal contract. A general labor contract needs to have the following contents: 1. The term of the labor contract; 2. Work content; 3. Labor protection and working conditions; 4. Labor remuneration; 5. Labor discipline; 6. Conditions for the termination of the labor contract; 7. Liability for breach of labor contract; here, the liability clause for breach of labor contract is still more important, because the "Labor Law" and the "Compensation Measures for Violation of the Labor Contract Provisions of the Labor Law" stipulate that both parties can negotiate and agree on the liability The determination, scope of compensation, calculation method and method of liability are all "overlord clauses" in the standard contract provided by the company. Once a dispute occurs, the company will use this to submit for arbitration, which will put workers at a disadvantage. Finally, some companies now clearly sign a contract with you, but there is no actual contract at all. Once the signature is confirmed, the rights and interests of workers may be harmed. In fact, when signing a labor contract, most workers are still in a weak position, so they may suffer a lot. At this time, we must pay attention to collecting relevant evidence in a timely manner. When necessary, we can also actively apply for labor arbitration to resolve legal issues: < /p>

"Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations" Article 2 The employer has not signed a labor contract with the employee. When determining that a labor relationship exists between the two parties, the following documents may be referred to: (1) Wage payment Vouchers or records (employee wage payment roster), records of payment of various social insurance premiums; (2) "Work certificate", "service certificate" and other documents that can prove identity issued by the employer to workers; (3) Workers Recruitment records such as the filled-in "Registration Form" and "Application Form" for recruitment by the employer; (4) Attendance records; (5) Testimonies of other workers, etc. Among them, the employer bears the burden of proof for the relevant vouchers in items (1), (3), and (4).