1. Is the unsigned date of the labor contract valid?
When signing an undated labor contract, the company should be required to fill in the relevant elements of the contract. The contract has no date, but both parties have signed it. It is also a valid contract. If the company refuses to handle it, it can be regarded as an open-ended labor contract. If you don't join the company one month before the pay date, you should apply to the company one month in advance if you want to resign.
A labor contract is valid only if it is signed without a date. The labor contract shall come into effect as of the date of signing by both parties, as long as the employee writes his name. Because the workers didn't write the date, it was easy to be used by the unit.
Article 16 of People's Republic of China (PRC) Labor Contract Law
A labor contract shall be reached through consultation between the employer and the employee, and shall come into effect after the text of the labor contract is signed or sealed by the employer and the employee. The text of the labor contract is held by the employer and the employee respectively.
A labor contract is valid only if it is signed without a date. The labor contract shall come into effect as of the date of signing by both parties, as long as the employee writes his name. Because the workers didn't write the date, it was easy to be used by the unit.
Second, what conditions are required to conclude a labor contract?
To conclude a labor contract according to law, several conditions must be met:
1. The purpose of concluding a labor contract must be legal. The parties shall not cover up illegal intentions and illegal acts in the legal form of concluding a labor contract in order to achieve the purpose of bad intentions.
2. The subject of concluding a labor contract must be legal. That is, both parties must have the subject qualifications stipulated by laws and regulations. As an employer, it should be an enterprise, individual economic organization, state organ, institution, social organization and other employers established according to law. As workers, they must have the ability of labor rights and behavior, that is, they should be China people, foreigners and stateless persons aged 16 who have the ability to work. When signing a contract, the qualifications of both parties must be legal.
3. The content of labor contract must be legal. The rights and obligations set by both parties in the labor contract must comply with the provisions of national laws, regulations and relevant policies. If some labor contracts stipulate that "the unit will not be responsible for any work-related accidents", "absenteeism for three days will be dismissed" and "no Sunday leave". , are illegal and invalid terms. In this regard, the employer should bear the resulting legal responsibility.
4. The procedure of concluding a labor contract must be legal. Some local laws and regulations require the parties to sign a written contract and sign and seal it, and also require the labor contract management agency of the labor administrative department to conduct authentication before it can take effect.
5. The act of concluding a labor contract must be legal.
When concluding a labor contract, it is only valid if it is signed without a date. The purpose of the contract must meet the legal requirements, and the illegal intention cannot be concealed by signing a labor contract. The subject qualification of a contract must be legal, and both parties are persons with civil capacity. In addition, the content of the contract, the procedure of the contract and the act of concluding the contract must be legal.