The labor contract does not need to be stamped with the seal of the human resources department, but can also be stamped with the seal of the company.
Both the employer and the employee are the subject of the labor contract. When employing and being employed, the principles of legality, fairness, equality, voluntariness, consensus, and good faith should be followed. The employee chooses the employer, and the employer also chooses the employee. It is a two-way choice and equal.
Therefore, after the party resigns and chooses the original unit again, the unit must be able to accept it. Once accepted, both parties can sign a labor contract and establish a labor relationship in accordance with the law.
According to the provisions of the "Labor Contract Law of the People's Republic of China"
The conclusion of a labor contract shall be based on the principles of legality, fairness, equality, voluntariness, consensus, and good faith. in principle.
A labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 4: Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.
The employer formulates, modifies or decides on regulations that directly involve the vital interests of workers such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance benefits, employee training, labor discipline and labor quota management. When changing the system or major matters, they shall be discussed by the workers' congress or all employees, plans and opinions shall be put forward, and determined through equal consultation with the trade union or employee representatives.
In the process of implementing rules and regulations and decisions on major matters, if the trade union or employees think it is inappropriate, they have the right to propose it to the employer and modify it through consultation.
The employer shall publicize the rules, regulations and decisions on major matters that directly affect the vital interests of the workers, or inform the workers.
Article 8 When recruiting workers, the employer shall truthfully inform the workers of the work content, working conditions, working location, occupational hazards, production safety conditions, labor remuneration, and other information that the workers require to know. ; The employer has the right to know the basic information directly related to the employee and the labor contract, and the employee should explain it truthfully.