Legal analysis
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. Cannot sign a blank labor contract. Blank labor contracts are legally invalid. If a worker signs a blank labor contract, the employer may fill in the blank parts that are unfavorable to the worker and beneficial to the unit itself, including underpayment of wages, extension of working hours, and inconsistency between the working period and the negotiation results. Since the labor contract takes effect after being signed and sealed, even if employees find that the content is inconsistent with the negotiation or there are errors, it is difficult to prove that the employer's behavior is illegal. In the event of a dispute, workers are easily at a disadvantage. Therefore, when signing a labor contract, workers must fill in the labor contract clearly and completely, and confirm that it is agreed with the employer before signing it. The main body of a labor contract is the parties to the labor legal relationship: the laborer and the employer. The subject of labor contract is different from other contractual relationships: first, the subject of labor contract is stipulated by law, and citizens without legal qualifications and organizations without employment rights cannot sign labor contracts; Second, after the signing of the labor contract, its subject has administrative subordination, and the laborer must obey the administrative management of the employer according to law.
legal ground
Article 37 of the Labor Contract Law of People's Republic of China (PRC) * * * A laborer may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.