According to Article 16 of the Labor Contract Law: "The labor contract shall come into effect after the employer and the employee reach an agreement through consultation, and the text of the labor contract shall be signed or sealed by the employer and the employee. The text of the labor contract is held by the employer and the employee respectively. "
A labor contract must be signed by both the employer and the employee before it can take effect. If the employer fails to seal the labor contract, the labor contract will not have legal effect.
1. The latest version of the contract can be downloaded from the website of the local social security bureau. For the company, the basic information of Party A in the contract must not be wrong, especially the labor security certificate number and organization code certificate.
2. Need to fill in the basic information of employees, such as name, gender, ID number, etc. The domicile is the address on the ID card, and the actual residence is the current address.
3. There are three kinds of labor contracts, fixed and non-fixed, which are signed according to the completion of work tasks. This is written in accordance with the internship period stipulated by the enterprise. Please refer to the labor law for details.
4, fill in the work content and work place must be specific, especially the position of employees. Are you a worker or a management department?
5. Working hours and rest time must comply with the provisions of the national labor law. Enterprises should not take advantage of the law. Normal countries stipulate working 8 hours a day and taking two days off every week. The unification of work at other times should be regarded as overtime.
6, the most basic labor remuneration can not be lower than the local minimum wage, whether you are hourly wage or piece rate, can not be lower than the local minimum wage.
7. The probation period is related to the previous labor term, specifically referring to the labor law stipulated by the state. It should be noted that the salary during the probation period shall not be lower than the minimum wage in Nanjing, that is, 80% of the wages agreed in the labor contract shall not be lower than the minimum wage.
8. Finally, the contract is made in duplicate, one for the employee and one for the company. The contract was stamped with the official seal of the company and signed by both parties. Article 27 of the Labor Contract Law stipulates that if part of a labor contract is invalid and does not affect the validity of other parts, the other parts are still valid. This provision clarifies the validity of some invalid labor contracts.