Effective. A contract with only an official seal and no legal person's signature is valid. The company's official seal is legally binding, and a contract with an official seal or legal person's signature has the same effect. If the parties conclude a contract in the form of a contract, the contract is established when both parties sign, seal or fingerprint the contract.

Legal Analysis

Legal characteristics of labor contracts: First, legality. Labor contracts must be concluded in writing in accordance with the law. Ensure that the subject is legal, the content is legal, the form is legal, and the procedures are legal. Only legal labor contracts can produce corresponding legal effects. Any labor contract that is illegal in any aspect is invalid and is not recognized and protected by law. Second, negotiate consensus. Under the premise of legality, the conclusion of a labor contract must be the result of consensus reached by both parties, the employee and the employer, and it cannot be the result of a unilateral expression of will. Third, the parties to the contract have equal status. During the conclusion of a labor contract, the legal status of both parties is equal. Workers and employers are not in an unequal position due to their different natures. Neither party is allowed to coerce or force the other party. It is strictly forbidden for the employer to impose arbitrary restrictions or force orders on workers. Only when equality of status is truly achieved can the labor contract concluded be fair. Fourth, equal value is paid. The labor contract clarifies the status and role of both parties in the labor relationship. The labor contract is a two-way paid contract. The employee undertakes and completes the labor tasks assigned by the employer. The employer pays the employee a certain amount of remuneration and is responsible for the employee's insurance. amount. A labor contract is an agreement between the employer and the employee. There are fixed and non-fixed contracts. So whether the labor contract is valid or invalid is not the final say of both parties. Only the court or the labor arbitration committee has the final say. If the labor contract is invalid at the time, the employer is required to pay workers' compensation.

Legal Basis

Article 16 of the "Labor Contract Law of the People's Republic of China" Sign or stamp the labor contract text to take effect. The employer and the employee each keep a copy of the labor contract text.

Article 490 of the "People's Republic of China and Civil Code" Where the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign, seal or fingerprint. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it. Laws and administrative regulations stipulate or the parties agree that a contract should be concluded in written form. If the parties do not use written form but one party has performed its main obligations and the other party accepts it, the contract is established.