1. Is the labor contract valid without signature?
In the labor contract, the official seal of the company and the signature of the legal person have the same effect. There is only the official seal of the company on the contract, and there is no legal person signature, which does not affect the validity of the contract.
Article 16 of the Labor Contract Law of People's Republic of China (PRC) stipulates: "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.
Legal characteristics of labor contract
First, legitimacy. Labor contracts must be concluded in writing according to law. The subject, content, form and procedure should be legal. Only legal labor contracts can be produced.
Corresponding legal effect. Any labor contract that is illegal on the one hand is invalid and is not recognized and protected by law.
Second, negotiation consistency. Under the legal premise, the conclusion of a labor contract must be the result of consensus between the laborer and the employer, and the expression of "agreement" between the two parties cannot be the result of unilateral expression of will.
Third, the status of contract subjects is equal. In the process of concluding a labor contract, both parties have equal legal status. Workers and employers are not in an unequal position because of their different nature. Either party shall not coerce or force the other party, and it is strictly forbidden for the employer to restrict or force the workers. Only when the status is truly equal can the labor contract be fair.
Fourth, equivalent compensation. The labor contract defines the position and role of both parties in labor relations. The labor contract is a two-way paid contract. The laborer undertakes and completes the labor tasks assigned by the employer, and the employer pays the laborer certain remuneration and is responsible for the insurance amount of the laborer.
2. Under what circumstances do you need to notify in advance to terminate the labor contract?
1. The employer needs to notify the dissolution of the labor contract in advance.
China's "Labor Contract Law" stipulates in Article 40 that the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary in any of the following circumstances:
(1) The employee is sick or injured at work, and after the prescribed medical treatment period expires, he can't engage in his original job or other jobs arranged by the employer.
(2) The laborer is not qualified for the job, and is still not qualified for the job after training or job adjustment.
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
The law clearly stipulates that if the employer terminates the labor contract with the employee on the grounds that the employee is incompetent, the medical treatment expires or the objective situation has changed significantly, it is required to fulfill the obligation of written notice 30 days in advance, and if it fails to fulfill the obligation of notice, it is required to pay the employee one month's salary.
2. The employee needs to notify in advance to terminate the labor contract.
Article 37 of China's Labor Contract Law stipulates that the employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
To sum up, this labor contract is equally valid as long as it is stamped and unsigned, but in order to avoid future troubles, it is best to stamp and sign it together. If the employer of the labor contract has neither sealed nor signed it, the employee should remember to negotiate with the employer to sign or seal it.