There must be a labor contract between the employer and the employee. If the employer needs it, the employee will be required to have a probation period of several months, but the probation period should be agreed according to the law and the contract period signed by both parties. Then, is the labor contract without sewing seal valid? 1. Is the labor contract valid without the riding seal? 1. Article 16 of the Labor Contract Law stipulates that a labor contract shall come into effect after the employer and the employee reach an agreement through consultation, and the text of the labor contract shall be signed or sealed by the employer and the employee. The text of the labor contract is held by the employer and the employee respectively. 2. As long as both parties sign or seal the labor contract and there is no riding seal, the legal effect of the contract will not be affected. If the employee has worked in the company for 9 years, the employer needs to pay compensation in accordance with the Labor Contract Law. If the employer does not pay, the employee can feed back to the labor dispute arbitration committee where the employer is located to apply for labor arbitration and safeguard the legitimate rights and interests. When an employer terminates a labor contract, there are usually the following situations: 1. The employing unit can't terminate the labor relationship with the employee on a fixed basis, and the employee doesn't have the situation stipulated in Article 39 of the Labor Contract Law. The employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and it should be compensated, that is, it should pay two months' salary for every year of work; 2. If the termination of the labor relationship between the employer and the employee conforms to the provisions of Article 46 of the Labor Contract Law, it shall pay economic compensation, that is, one month's salary for every full year of work; In line with Article 40 of the Labor Contract Law, if the employee is not notified 1 month in advance, he shall pay 1 month's salary as a payment in lieu of notice; 3. The laborer has the conditions stipulated in Article 39 of the Labor Contract Law. If the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation, nor does it need to notify in advance. The employer needs to provide evidence and notify the employee in writing to terminate the labor relationship. Basis of relevant laws and regulations: Article 37 of the Labor Contract Law. The employee 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. Article 39 The employing unit may terminate the labor contract if the employee is under any of the following circumstances: (1) The employee is proved to be unqualified for employment during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law. Article 40 In case of any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary: (1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires; (two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post; (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation. Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it; (6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law; (seven) other circumstances stipulated by laws and administrative regulations. Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract. Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days. Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed. The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference. Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law. Article 85 In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employing unit shall be ordered to pay compensation to the laborer according to the standard of more than 50% 100% of the payable amount: (1) failing to pay the laborer's labor remuneration in full and on time in accordance with the labor contract or state regulations; (2) Paying workers' wages below the local minimum wage standard; (3) Arranging overtime without paying overtime; (four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers. Is the labor contract not valid without the riding seal? Failure to stamp does not affect the validity of the contract. According to the law, as long as both parties sign or seal the contract, the contract will take effect according to law, and the labor contract relationship between the two parties is also established from the time of signing the contract, so it is legally effective without sealing.

Is the contract valid without a riding seal?

The absence of a sewing seal on the contract does not affect its validity, as long as the contract is established according to law. According to the provisions of the first and second paragraphs of Article 502 of the Civil Code implemented by 202 1, a contract established according to law shall take effect upon its establishment, unless it is otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. A contract established in accordance with Article 502 of the General Principles of the Civil Law of People's Republic of China (PRC) at the time of its entry into force shall become effective upon its establishment, unless otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.

What will the court do if the commercial contract is not stamped with the riding seal, and one party approves it and the other party does not?

If a commercial contract is not stamped with the sewing seal, if one party approves it and the other party does not, as long as all the necessary elements for the contract to take effect are available, the court will consider the contract valid.

If the contract is not stamped with the cycling seal, is it legally binding if there is a dispute? .

The law does not stipulate that the contract must be stamped with a riding seal. A contract is legally binding without a riding seal. Legal analysis: a contract without a riding seal still has legal effect. The riding seal means that the official seal should be covered on the middle seam of two foldable pages. The significance of the riding seal is to prevent possible risks and prevent possible problems such as the replacement of contract contents. Can avoid unnecessary disputes and disputes. However, the law does not stipulate that the contract should be stamped with the seal of riding seam, so the legal effect of the contract cannot be denied. If when signing a contract text with many pages, the parties often forget to stamp the riding seal or sign the contract text on each page. If the contract is not filed or difficult to identify, the two sides are prone to disputes. If the parties conclude a contract in writing, the contract will be established as long as both parties sign or seal it. In real life, many contracts with legal effect have no riding seal or page number, which has little influence on both parties. The law does not force the contract to be stamped with the riding seal, that is to say, the contract is valid without the riding seal, but the role of the riding seal is to prevent risks. Because the riding seal is stamped, it can be restored to the original seal when the contract is developed as a whole, so it can prevent the other party from changing the contract content, preventing the other party from denying the contract content, and avoiding unnecessary troubles, disputes and losses caused by changing or denying the contract content. The legal basis is the Civil Code of People's Republic of China (PRC).

Article 469 The parties may conclude a contract in writing, orally or in other forms. Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained. A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.

Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed 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.

Is the contract valid if it is not in accordance with the riding seal?

Judge that the contract is not stamped with the riding seal: the law does not stipulate that the contract must be stamped with the riding seal. As long as the written contract signed by both parties according to law is signed or sealed, the contract will be established. Therefore, under normal circumstances, a contract without a riding seal is legally binding. However, when signing a contract text with many pages, if the contract is not filed or sewn, it is difficult to identify, and the judgment may have adverse consequences for one party. A contract legally established in accordance with the provisions of Article 502 of the Civil Law shall take effect upon its establishment, unless otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.