Effective. A labor contract is valid without the signature and seal of a legal person. A labor contract shall be reached through consultation between the employer and the employee, and shall come into effect after the text of the labor contract is signed or sealed by the employer and the employee. The text of the labor contract is held by the employer and the employee respectively. In the labor contract, the official seal of the company and the signature of the legal person have the same effect. There is only the official seal of the company on the contract, and there is no legal person signature, which does not affect the validity of the contract.

Legal analysis

A labor contract is an agreement between an employer and a worker. There are fixed contracts and non-fixed contracts. Then whether the labor contract is valid or invalid is not up to both parties. Only the court or the labor arbitration commission has the final say. If the labor contract is invalid, then the employer needs to compensate the workers. According to relevant laws and regulations, when an employer signs a labor contract with a laborer, it shall sign the labor contract, that is, it shall be signed by the legal representative and stamped with the official seal of the enterprise. In this case, the labor contract without the official seal of the company does not conform to the provisions of the labor law, but after all, it has the signature of the legal representative (general manager), and the legal representative has the right to conclude the contract on behalf of the company. A contract cannot be deemed invalid just because it is not stamped with the official seal. Secondly, regarding the verification of labor contracts, China's current laws stipulate that verification is "encouraging verification" rather than "compulsory verification". In other words, certification is only a form for the labor contract management department to examine and confirm the contract, and it cannot be used as a sign to measure the effectiveness of the labor contract. Therefore, the labor contract is invalid without the examination and seal of the appraisal organ and has no legal basis. To sum up, although the contract has certain defects in form, it cannot be considered invalid. As long as the contents of the contract are legal and both parties have no fraud or coercion when signing, the arbitration institution can consider it as a valid labor contract.

legal ground

Article 16 of People's Republic of China (PRC) Labor Contract Law * * * A labor contract shall come into effect after the employer and the employee reach an agreement through consultation and sign or seal the text of the labor contract. The text of the labor contract is held by the employer and the employee respectively.