1. Both parties reached an agreement through consultation and re-signed the labor service contract and sealed it.
2. If the contract is not sealed at the time of signing, both parties can sign the contract through negotiation or affix the official seal. If the signature or seal does not conform to the agreement, the contract may be deemed invalid.
3. If the labor contract is not sealed and the problem cannot be solved through negotiation, you can complain to the labor arbitration department or apply for labor arbitration to safeguard your legitimate rights and interests.
The effectiveness of the labor contract is reflected in its legal binding force on both parties, including the following aspects:
1, the rights of both parties are protected by law, and both parties must fulfill the obligations stipulated in the labor contract;
2. If either party fails to perform its contractual obligations, the other party may request labor dispute arbitration, bring a lawsuit, and investigate the other party's liability for breach of contract and other legal liabilities;
3. The alteration and dissolution of the labor contract must meet the conditions prescribed by law and perform the special procedures prescribed by law;
4. It is also binding on the third party of the labor contract relationship. No one may intentionally destroy the existing labor contract or induce or force the parties to the labor contract to breach the contract, otherwise they shall bear the corresponding liability for compensation.
To sum up, if the labor contract is not sealed, both parties should actively negotiate to solve the problem and avoid disputes and contradictions.
Legal basis:
Article 7 of People's Republic of China (PRC) Labor Contract Law
The employer shall establish a labor relationship with the employee from the date of employment. The employing unit shall establish a roster of employees for future reference.
Article 10
To establish labor relations, a written labor contract shall be concluded.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall 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 16
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.