A labor contract is invalid without the signature or seal of the employer. What the contract requires is the signature or seal of both parties. Signature and seal have the same legal effect.

To establish a labor relationship, a written labor contract must be concluded. If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract must be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

When signing a labor contract with an employee, the employer should sign the labor contract. That is, it must be signed by the legal representative and stamped with the company's official seal.

The company's failure to stamp the company's official seal on the labor contract is not in compliance with the labor law. However, this problem is mainly caused by the company's fault, and the company should bear the main responsibility.

So, although the contract is not stamped with an official seal, it does have the signature of the legal representative (general manager) after all, and the legal representative has the right to conclude the contract on behalf of the company.

A contract cannot be deemed invalid simply because it does not have an official seal.

There are two situations of invalid labor. One is a labor contract that violates laws and administrative regulations; the other is a labor contract that is concluded through fraud, threats, etc.

In summary, although the contract has certain formal flaws, as long as the content of the contract is legal and neither party committed fraud or coercion at the time of signing, it is a valid contract. labor contract.

The conclusion of a labor contract in written form is conducive to clarifying the rights and obligations of both parties, avoiding the occurrence of contract disputes, and is conducive to the performance of the labor contract and the resolution of disputes. The labor administrative department stipulates a unified format for labor contracts, and the employer also has a labor contract text printed based on the contract format of the labor department. During the process of concluding a labor contract, the parties only negotiate on matters that need to be negotiated, and after reaching an agreement Finally, just fill in the items item by item and sign and stamp them. Once a labor contract is signed in writing, it is legally binding.

All workers who establish a labor relationship, whether they are managers, technicians or formerly known as permanent workers, must enter into a written labor contract. In practice, the reluctance of employers to conclude written contracts is quite serious. It is clearly stipulated that labor contracts should be concluded in written form, which is conducive to protecting the interests of workers as a vulnerable group. Especially when labor contract disputes arise, strong arguments can be made. evidence.

The content of a labor contract can be divided into two aspects. On the one hand, it is the content of the necessary clauses, and on the other hand, it is the content of the negotiation agreement.

(1) Necessary terms

1. Duration of labor contract;

2. Work content;

3. Labor protection Good working conditions;

4. Labor remuneration;

5. Labor discipline;

6. Conditions for termination of labor contract;

7 Liability for breach of labor contract.

(2) Agreed terms

According to legal provisions, in addition to the above seven mandatory terms, the labor contract signed between the employer and the employee can also negotiate and agree on other contents. , are generally referred to as negotiated clauses or agreed clauses. In fact, it seems more accurate to call them random clauses, because the content of the necessary clauses also needs to be negotiated and agreed upon by both parties.

The purpose of entering into a written labor contract is to better protect various labor rights and interests, and it can also be used as evidence to handle labor disputes. The labor contract is the basic form of establishing labor relations. After the implementation of the "Labor Contract Law", units and workers are required to enter into written labor contracts. At this time, as workers, we must pay attention to the provisions of the relevant labor contracts in a timely manner.

Legal Basis

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

Article 10

To establish a labor relationship, one must Enter into a written labor contract. If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract must be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 12

Labor contracts are divided into fixed-term labor contracts, non-fixed-term labor contracts and labor contracts that are limited to the completion of certain work tasks.

Article 16

A labor contract shall be agreed upon between the employer and the employee through negotiation, and shall become effective upon the signature or seal of the employer and the employee on the labor contract text. The employer and the employee each keep a copy of the labor contract text.

"Regulations on the Implementation of the Labor Contract Law"

Article 7

If the employer fails to conclude a written labor contract with the employee for one year from the date of employment , from the day after one month to the day before one year from the date of employment, twice the monthly salary shall be paid to the employee in accordance with the provisions of Article 82 of the Labor Contract Law, and shall be regarded as the date of employment. If an unfixed-term labor contract has been concluded with the employee on the expiration of one year, a written labor contract shall be signed with the employee immediately. This means that the employer can pay the "double salary" difference for up to 11 months from the day after one month to the day before one year from the date of employment.