There is no law requiring employees to press their fingerprints when signing labor contracts with employees. Signature and thumbprint have the same effect, and there is no need to thumbprint if there is a signature in the contract.

What's in the labor contract?

Article 19 of the Labor Law stipulates that the legal form of a labor contract is written, and there are seven necessary clauses:

1. Term of labor contract.

According to the law, there are three kinds of contract term: fixed term, such as 1 year, 3 years, etc. There is no fixed term, and there is no specific time agreement for the contract term. Only the conditions for the termination of the contract are agreed, and there are no special circumstances. The term of the contract shall last until the employee reaches retirement age; For example, a labor service company sends employees to work in another company, and the two companies sign labor contracts. The term of the labor contract signed by the labor service company and the expatriate employees is terminated due to the dissolution or termination of the labor contract. This kind of contract term belongs to the category of completing a certain job. When the employer and the employee negotiate to choose the contract term, they shall make an agreement according to the actual situation and needs of both parties.

2. Work content.

In this necessary clause, both parties can reach an agreement on the quantity and quality of work and the work of workers. When you agree to a job, you can agree on the broader concept of the job, you can also sign a short-term work agreement as an attachment to the labor contract, and you can also agree on the conditions under which you can change the terms of the job. Mastering this skill of concluding a labor contract can avoid the death of the work agreement and avoid disputes arising from disagreement on changing the working terms.

3. Labor protection and working conditions.

In this regard, we can stipulate working hours, rest and vacation, various labor safety and health measures, labor protection measures and systems for female employees and underage workers, and the necessary conditions for labor and work provided by employers for workers in different positions.

4. Labor remuneration.

This necessary clause can stipulate standard salary, overtime pay, bonus, allowance, subsidy amount, payment time, payment method and so on.

5. Labor discipline.

This clause shall stipulate the rules and regulations formulated by the Employer, and may print the brief provisions in the form of internal rules and regulations as an annex to the contract.

6. Conditions for termination of the labor contract.

This necessary clause is generally stipulated in a labor contract with no fixed term, because such contracts have no termination period. However, other types of contracts can also be agreed. It should be noted that both parties shall not take the conditions stipulated by law that the contract can be terminated as the conditions for terminating the contract, so as to avoid the situation that the employer should pay economic compensation when terminating the contract and terminate the contract without paying economic compensation.

7. Liability for breach of labor contract.

Generally speaking, there are two forms of liability for breach of contract. The first is the way of compensation for economic losses caused by one party's breach of contract, that is, compensation for losses; The second is the calculation method of agreed liquidated damages. When using liquidated damages, we should pay attention to determining the specific amount according to the employee's affordability to avoid obvious unfairness. Breach of contract refers to a serious breach of contract, not a general breach of contract, which leads to the inability to continue to perform the labor contract, such as employees leaving their jobs in breach of contract and the unit illegally dissolving the labor contract.

If you don't understand anything, please consult our lawyer.

Tips:

The Civil Code came into force on 202 1 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law were abolished at the same time. If it involves other issues stipulated by the civil law #