1. Is it valid to sign only one labor contract?
1. If the company only takes the labor contract, it is actually invalid. Workers can actively go to the labor inspection department to complain and report. As an agreement, a labor contract must be made in duplicate according to the general custom of the contract. Therefore, in practice, it is illegal for a company to sign a labor contract with only one contract, even if it has been formally signed and sealed by both parties.
2. As an agreement, a labor contract must be made in duplicate according to the general custom of the contract. Therefore, in practice, it is illegal for a company to sign a labor contract with only one contract, even if it has been formally signed and sealed by both parties. Because in the labor law, this kind of labor contract requires employees and companies to hold one each.
In fact, when a laborer concludes a labor contract with the company, the labor contract should be in duplicate, not a contract, and the laborer and the company each hold one copy. Moreover, the labor contract needs to be signed and sealed by both the employee and the employer before it can take effect.
3. Legal basis: Labor Contract Law
Article 16 Entry into force of a labor contract The labor contract shall come into force 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.
Article 17 Contents of a labor contract A labor contract shall have the following clauses:
(a) 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.
Second, how to compensate if the labor contract is not renewed?
1. If the company does not renew the contract, it needs to make economic compensation.
2. If the employee does not renew the contract, it depends on the specific situation and is subdivided into two situations:
(1) If the unit maintains or improves the original working conditions, but the employee still refuses to renew it, no economic compensation will be given.
(2) If the unit reduces the original working conditions and the employee does not renew the contract, the unit will also make economic compensation.
If the company only takes the labor contract, it is actually invalid, and the workers can actively go to the labor inspection department to complain and report. As an agreement, a labor contract must be made in duplicate according to the general custom of the contract. Therefore, in practice, it is illegal for a company to sign a labor contract with only one contract, even if it has been formally signed and sealed by both parties. I hope the above content can help you. If you have any other questions, please click the button below or consult a professional lawyer.