A dynamic contract is valid only if it is signed without a date, and a labor contract becomes effective as long as both parties sign it, as long as the workers write their own names. Because the workers didn't write the date, it was easy to be used by the unit.
I. Article 16 of People's Republic of China (PRC) Labor Contract Law * * * 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.
A labor contract is valid only if it is signed without a date. The labor contract shall come into effect as of the date of signing by both parties, as long as the employee writes his name. Because the workers didn't write the date, it was easy to be used by the unit.
Second, it is not an invalid situation.
To determine the invalidity of a labor contract shall be determined according to the provisions of Article 26 of the Labor Contract Law of our country. For example, in three situations, such as fraud, coercion or taking advantage of a person's danger, if the other party concludes or changes a labor contract against its true meaning, it will be deemed invalid. A labor contract without a date of signing is not an invalid labor contract, as long as it is supplemented.
Attached to the relevant provisions of People's Republic of China (PRC) Labor Contract Law:
Article 26 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. This is against the labor law. These elements are the necessary terms for signing a labor contract. You can ask the unit to indicate.
If the company ignores it. You can think of it as an open-ended labor contract. The starting time can be determined according to the time when you register for employment or get paid, or according to the record of paying social security.
However, if you want to terminate the labor contract, you can notify the unit in writing one month in advance. If the company proposes, you can claim compensation according to the terms of the open-ended labor contract.
Extended data:
The Labor Contract Law of People's Republic of China (PRC) stipulates the necessary clauses of labor contracts:
(a) the term of the labor contract;
(2) Work content and work place;
(3) Working hours and rest and vacation;
(4) Labor remuneration;
(5) Social insurance;
(6) The name, domicile and legal representative or principal responsible person of the employing unit;
(seven) the name and address of the employee and the number of the resident identity card or other valid identity documents;
(eight) labor protection, working conditions and occupational hazard protection.
To sum up, the date of signing the labor contract is not written. According to the provisions of the Labor Law, as long as the laborer voluntarily signs, the unit has not resorted to fraud or violated the regulations, but the signed labor contract is valid. A labor contract must specify the time limit, work content, time, labor remuneration, social insurance, labor protection and occupational hazards.
Baidu Encyclopedia-People's Republic of China (PRC) Labor Contract Law