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. 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. When there is a labor dispute between the employer and the employee, the labor contract shall be submitted as important evidence. If the employer forges the signature of the labor contract, it is forged evidence, and the people's court may impose fines and detention according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.
Risk of employers not signing labor contracts with workers
(1). Failure to sign a contract does not exempt the employer from the obligation to pay various social insurance premiums for employees.
(2) The unit needs to pay economic compensation according to law to terminate or terminate the factual labor relationship (dismiss employees).
(3) If the unit terminates or terminates the factual labor relationship (dismisses employees), it may need to compensate for unemployment losses. If the employer fails to pay the unemployment insurance premium for the employee according to law, and the employee cannot receive the unemployment insurance premium after being dismissed, the employee may request the employer to pay compensation according to law.
(4) Employees can terminate the labor contract at any time without any liability or compensation for breach of contract.
(5), the unit can't dismiss employees for failing to pass the probation.
If the employer fails to sign a labor contract, the employee may complain to the labor inspection department. Once verified, the labor administrative department may order the unit to make corrections and may impose a fine.
legal ground
Article 280 of the Criminal Law of People's Republic of China (PRC): The crime of forging, altering or buying or selling official documents, certificates and seals of state organs.
Whoever forges, alters or buys or sells official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Whoever forges the seals of companies, enterprises, institutions or people's organizations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined. Whoever forges, alters or buys or sells identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.