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Do I have to sign a labor contract with the company? Is it okay to entrust your family?
I need to sign a labor contract with the company or entrust my family.

Legal analysis

According to relevant laws and regulations, if an employee entrusts his family to sign on his behalf, the act of signing on his behalf is valid. If there is no family member's entrustment, it is an unauthorized agency act to sign and terminate the labor contract on his behalf, and the employee's approval is valid. The normal procedure should be to sign in person, so as to have legal effect, because when the labor contract is dissolved, it must be signed in person. Unless the company can reach an understanding with the unit and entrust family members to sign in the unit for approval, then the labor contract can take effect. The agent needs the identity documents and power of attorney of the employee and the agent. The content is who is entrusted to handle the dissolution of the labor contract with a company for me, who has the right to sign on my behalf, and finally indicate the date of signing. If the unit is unilaterally terminated, it is not necessary for the employee to be present, and the employee may request economic compensation. If an agreement is reached through negotiation, if the employee is unwilling or unable to go in person, the employee will entrust various agents to handle it on his behalf. The employer has strict requirements and needs to notarize the entrusted matters. Termination by negotiation means that the employer and the employee negotiate with each other on a completely voluntary basis and terminate the labor contract in advance on the basis of mutual agreement. Under the condition that the employer and the employee reach an agreement through consultation and do not violate the public interests of the state and society, the labor contract can be dissolved and certain conditions need to be met. Therefore, under normal circumstances, I need to sign the labor contract in person, or I can entrust my family to sign it on my behalf.

legal ground

People's Republic of China (PRC) Civil Code

Article 165 If the power of attorney is in written form, it shall specify the name of the agent, the matters to be represented, the authority and the time limit, and shall be signed or sealed by the principal.

Article 171 Where an actor has no agency, exceeds the agency or remains an agent after the agency is terminated, it shall not be effective to the principal without ratification by the principal. The counterpart may urge the principal to ratify it within 30 days from the date of receiving the notice. If the trustor fails to declare it, it shall be deemed as refusal to ratify it. Before the act committed by the actor is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice. If the act committed by the actor is not ratified, the bona fide counterpart has the right to demand the actor to perform the debt or demand the actor to compensate for the damage he has suffered. However, the scope of compensation shall not exceed the benefits that the counterpart can obtain when the principal ratifies. If the counterpart knows or should know that the actor has no right to act as an agent, the counterpart and the actor shall bear the responsibility according to their respective faults.