1. What should I do if the name of the labor contract is wrong?
A labor contract shall come into effect after it is signed or sealed by the employer and the employee. When signing a labor contract, if there are typos or mistakes, you can cross out the amendments, but you need to ensure that the contents of the two labor contracts are consistent. In addition, it is best to affix the seal of the employer and the handprint of the laborer to the modified place. A labor contract is 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.
According to Article 16 of the Labor Contract Law, a labor contract comes into effect after the employer and the employee reach an agreement through consultation and sign or seal the text of the labor contract. The text of the labor contract is held by the employer and the employee respectively.
Article 35 of the Labor Contract Law: The employer and the employee may change the contents of the labor contract through consultation. Changes to the labor contract shall be made in written form.
The revised text of the labor contract shall be held by the employer and the employee respectively.
Second, the contract is invalid.
Article 26 of the Labor Contract Law The following labor contracts are invalid or partially invalid:
(1) Causing the other party to conclude or change a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;
(2) The employer exempts itself from legal liability and excludes the rights of workers;
(3) Violating the mandatory provisions of laws and administrative regulations.
Any dispute over the invalidity or partial invalidity of a labor contract shall be confirmed by the labor dispute arbitration institution or the people's court.
Article 27 of the Labor Contract Law: If part of a labor contract is invalid and does not affect the validity of other parts, the other parts are still valid.
Article 28 of the Labor Contract Law: If the labor contract is confirmed to be invalid and the laborer has already paid the labor, the employer shall pay the labor remuneration to the laborer. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the unit.
The signing of a labor contract needs to comply with relevant laws and regulations, especially the handling of relevant situations. If the terms of the contract are illegal, they obviously have no legal effect, but the misspelling of the name is not the legal reason for the invalidity of the labor contract, and the specific situation depends on the actual situation.