Legal analysis
In this case, the practice of the employer is illegal. The employer may be required to re-sign the contract or fill in the blank contract already signed, and verify the contents. If the unit refuses, you should collect evidence as soon as possible, then complain to the labor department and apply for labor arbitration to protect rights. The so-called blank contract means that the necessary provisions stipulated by law are not filled in in advance, but the signature of the laborer is required. With the illegal act of blank contract, it is inevitable that the labor contract will not be handed over to the workers. Because once the blank labor contract is handed over to the laborer, the content to be filled in later is bound to cause controversy. Blank labor contracts are not handed over to workers. The purpose of illegal enterprises is to fill in blank labor contracts as they want and do things that are beneficial to enterprises in the future. Therefore, signing a blank labor contract with an enterprise is, to some extent, giving its legitimate rights and interests to the enterprise and letting it be slaughtered. Theoretically, there is no doubt that blank labor contracts cannot be filled in. But in real life, if employees don't sign, enterprises may take the opportunity to dismiss employees on the grounds of not signing labor contracts. In this regard, workers should be psychologically prepared. Of course, workers are really afraid of losing their jobs. Even if you are forced to sign a blank contract, you should ask for it in time. If the enterprise does not give it, it will prove that the enterprise will definitely do something unfavorable to the workers in the future. It is better to leave this illegal enterprise as early as possible than to be infringed upon in the future. If an enterprise provides a blank contract signed by employees, the contents to be filled in are different from those promised to employees or actually obtained by employees. For example, employees actually get a monthly salary of more than 3,000 yuan, but the minimum wage is filled in the labor contract. In this case, employees must immediately negotiate with the enterprise and ask the enterprise to be more complete. If the enterprise does not change, employees must sue the law as soon as possible.
legal ground
People's Republic of China (PRC) labor contract law
Article 16 A labor contract shall come 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 17 A labor contract shall contain the following clauses: (1) the name, domicile and legal representative or principal responsible person of the employing unit; (2) The name and address of the laborer and the number of the resident identity card or other valid identity documents; (3) The term of the labor contract; (4) Work content and work place; (five) working hours and rest and vacation; (6) Labor remuneration; (7) Social insurance; (eight) labor protection, working conditions and occupational hazard protection; (nine) other matters that should be included in the labor contract as stipulated by laws and regulations. In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits.
Article 81 If the text of the labor contract provided by the employer fails to specify the necessary clauses of the labor contract as stipulated in this Law or the employer fails to deliver the text of the labor contract to the laborer, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.