If only one party signs a labor contract, it has no legal effect. According to the relevant national laws and regulations, the labor contract signed by the employee and the employer to establish labor relations can only be established if both parties sign it. A contract is a consensual act, and what one party says to himself cannot be regarded as a contract. However, if there is evidence that the contract was made by the other party and the content was filled in by the employer, it is also convincing.
It is illegal for an employer to sign a labor contract with a laborer, or to give a copy of the signed labor contract to the laborer. Laborers may request the employer to supplement their signatures and seals in time and give them a copy. If the employer refuses, it may complain to the local human resources and social security bureau about labor supervision, and the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.
If the text of the labor contract provided by the employer fails to specify the necessary provisions of the labor contract stipulated in this Law or the employer fails to deliver the text of the labor contract to the employee, the labor contract refers to an agreement between the employee and the employer to establish labor relations and clarify the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not violate the provisions of laws and administrative regulations. After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.
Relevant legal basis:
According to Article 16 of the Labor Contract Law, a labor contract comes into effect after the employer and the employee reach an agreement through consultation and sign or seal the text of the labor contract. The text of the labor contract is held by the employer and the employee respectively. A labor contract refers to an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not violate the provisions of laws and administrative regulations.
To sum up, a labor contract can only be established if both the employer and the employee sign it. If only one party signs, the labor contract is not established, but it does not hinder the formation of factual labor relations. Moreover, the determination of the legal effect of a labor contract signed by only one party depends on whether both parties perform relevant obligations in accordance with the labor contract. If the contract signed and sealed by the employer is given to the employee, but the employee himself has not signed it but fulfilled his labor obligations in accordance with the contract, the labor contract is deemed to have been established and come into effect. On the other hand, if the laborer can prove the existence of factual labor relations, the labor contract also has certain legal effect.