1. Is a labor contract valid if it has a seal but no signature? After the labor contract is stamped by the employer, whether the legal representative signs it or not does not affect the validity of the labor contract. As long as the labor contract is stamped with the official seal of the employer, it is legal. Potency. According to Article 16 of the Labor Contract Law of the People's Republic of China and the People's Republic of China, a labor contract shall be negotiated between the employer and the employee and shall come into effect after the employer and the employee sign or seal the labor contract text. The employer and the employee each keep a copy of the labor contract text.

2. What issues should be paid attention to when signing a labor contract?

1. When signing a contract, workers must first find out the basic situation of the unit and determine whether it is a legal enterprise and its You need to know the name, unit address, and phone number of the legal representative. This information can be obtained by searching the industrial and commercial registration information online. At the same time, it is required that these contents be clearly written in the contract.

2. Workers should clarify their specific work and indicate the content and specific location of the work in the contract.

3. Labor remuneration should be clearly determined and verbal agreements should be avoided. For example, what is the standard salary? Are there bonuses? What standards are bonuses based on? These data must be reflected in the contract, and do not trust the boss's verbal promises.

4. Pay special attention to the issue of probation period. The law stipulates that the probation period shall not exceed six months at most. A contract that only stipulates the probation period is invalid. It is a shame to ask the employee to leave after the probation period is over. During the probation period, the employer shall not terminate the labor relationship without reason; unless the employee Only those who do not meet the recruitment requirements will be let go.

5. The method and time of payment of labor remuneration must be clear, whether it is cash or paid to an account through a bank. Some units tie up workers by deducting one month's wages. This behavior has no legal effect. If the employer refuses to provide the withheld labor remuneration after the labor contract is terminated, the employee can resolve the problem through labor arbitration.

3. Common situations of invalid labor contracts

1. Labor contracts whose contents violate laws and administrative regulations. If the probation period is agreed to exceed 6 months, social insurance, etc. will not be purchased.

2. Use coercion or taking advantage of someone's danger to force the other party to sign a labor contract in order to harm life, health, honor, reputation, property, etc. For example, the labor contract is forced to be renewed after the contract expires.

3. Using fraudulent means to deliberately conceal the facts, causing the other party to enter into a contract contrary to its true intention. Such as false promises of favorable working conditions.

4. Entering into a labor contract with illegal procedures. For example, the two parties have not negotiated or adopted a special working hour system without approval.

5. Violate the labor safety protection system. For example, it is stipulated that workers shall be responsible for work-related injuries and occupational diseases on their own, and the employer shall be exempted from legal liability, etc.

6. Labor contracts that charge various fees in violation of regulations. Such as compulsory collection of training fees, deposits, mortgages, risk funds, stock funds, etc.

7. A labor contract with an unqualified subject. Such as recruiting child labor, signing false contracts, etc.

8. Labor contracts that violate marital rights. For example, it is stipulated that employees are not allowed to fall in love, get married, or have children during the contract period.

9. Labor contracts that violate health rights. If the agreed working hours exceed the legal provisions, it will impair the workers' normal rest and vacation.

10. Labor contracts that violate remuneration rights. For example, no overtime wages are paid for overtime work, wages are paid below the minimum wage, etc. 1

Legal basis:

"Labor Contract Law of the People's Republic of China"

Article 16 The labor contract shall be negotiated between the employer and the employee It shall be consistent and shall take effect after the employer and the employee sign or seal the labor contract text. The employer and the employee each keep a copy of the labor contract text.

Article 3 When concluding a labor contract, the principles of legality, fairness, equality, voluntariness, consensus through consultation, and good faith shall be followed. A labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.