Labor contracts are generally put forward by employers to solicit the opinions of workers; It can also be directly negotiated between employees and representatives of enterprise administration, such as factory director, manager, personnel department and section chief.

Legal analysis

Before signing the labor contract, the employer shall truthfully introduce the situation of the unit to the laborer, and the laborer has the right to put forward his own opinions and demands. After full consultation, both parties shall fill in the labor contract with brush or pen, and sign and seal it. After the signing of the labor contract, it shall apply to the local labor administrative organ for verification, and file with its competent department and local labor department. When signing labor contracts with employees, enterprises must abide by the provisions of national policies and regulations and adhere to the principles of equality, voluntariness and consensus. Labor contracts must be signed in writing. The contents of a labor contract must be complete and accurate. The main body of a labor contract consists of a specific employer and a worker. One party to a labor contract is an employer such as an enterprise, institution, organ or organization, and the other party is the laborer himself; Both parties to a labor contract must have the qualification of contract subject. Employers should have legal personality, and private enterprises should mainly have citizenship; Laborers must have the ability to work and the right to work. Workers must be at least 16 years old, be in good health, have a junior high school education or above, and perform well in reality; State-owned enterprises must recruit employees within the indicators of the labor and employment plan issued by the state, and go through the procedures for recruiting employees at the local labor department.

legal ground

Article 490 of the Civil Code of People's Republic of China (PRC): If the parties conclude a contract in the form of a contract, the contract is concluded when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.