1. Does a contract without an official seal have legal effect?
A contract without seal has legal effect. The way to conclude a contract includes more than just stamping. If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.
A contract without an official seal has legal effect, as long as the contents of the contract and the way of concluding the contract comply with the law, it also has legal effect without an official seal; A contract signed by the legal representative of the company within the business scope of the company is valid even if it is not stamped with the official seal, unless otherwise agreed by the parties.
The parties conclude a contract by means of letters, data messages, etc. It is also required to sign a confirmation letter, and the contract is established when the confirmation letter is signed. If the information of a commodity or service released by one party through information networks such as the Internet meets the conditions of the offer, the contract is established when the other party successfully selects the commodity or service and submits the order, unless otherwise agreed by the parties.
2. What is the seal for signing the labor contract?
The company shall sign a labor contract with the laborer through consultation, and both parties shall sign or seal the text of the labor contract. For the company, it shall be signed by the legal representative or stamped with the company's official seal and contract seal. It is also valid if the legal representative authorizes others to sign or seal it.
The company's official seal, contract seal or special seal of personnel department are internal seals, which can only be used after being authorized by the employer, so it will be effective to stamp these seals on the labor contract. However, when signing a contract, workers should pay attention to the fact that these chapters are legal and effective only after they have been filed by the public security organs and publicized. In addition, in order to avoid unnecessary troubles in the later stage of labor disputes, the labor contract should be stamped with the corporate seal of the company as far as possible to prevent confusion of the employer, and some other useless seals should be stamped to ensure the recognition of the seal to the greatest extent.
A contract without an official seal is also valid, as long as the seal or signature meets one condition. The labor contract is signed with the official seal of the company, and sometimes it can be stamped with the special seal of the contract or the special seal of the personnel department. If you use the special seal of the personnel department, you need to get the authorization of the employer in advance before the labor contract can have the corresponding legal effect.