Legal analysis
The entry into force of the contract means that the established contract is legally binding, and the validity of the contract depends on whether it meets the entry into force conditions stipulated by law. If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it. This contract is legally binding on both parties, and both parties have the right to require the other party to perform its obligations according to the contract. The universal entry into force of a contract requires the parties to have the corresponding contracting ability, so that the main body of the contract can independently conclude a contract and undertake contractual obligations. A contract is an act that the parties consciously pursue specific legal consequences for the purpose of establishing, changing and terminating civil rights and obligations, which is directly related to the interests and losses of the parties. Therefore, the parties are required to recognize and identify their own actions and judge the legal consequences of their actions, that is, they must have the corresponding ability to conclude contracts. The intention of both parties is true, and the actor expresses the intention of generating, changing and terminating civil rights and obligations. The signing of the contract by both parties shall not violate the law and public interests. Legitimacy is the essential attribute of civil juristic act, and it is also a necessary condition for the validity of civil juristic act. The labor contract shall come into effect after being signed or sealed by both parties. If one party fails to sign or seal, it means that the labor contract has not been signed.
legal ground
Article 490 of the Civil Code of People's Republic of China (PRC): If the parties conclude a contract in the form of a contract, the contract is concluded when the parties sign, seal or fingerprint it. 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.