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 made 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.
1. The parties to a contract should have the qualification or legal authorization to conclude a contract: a contract should have at least two parties. If there are multiple entities, they shall be distinguished by the names of Party A, Party B and Party C..
The subject of signing a contract is divided into natural persons and legal persons.
(1) As the main body of a contract, an ordinary natural person needs to personally sign or press his handprint (if a party presses his handprint on a contract, it shall also be regarded as having the same legal effect as the signature or seal). If necessary, you can save the ID number or copy of the signatory. The natural person signing the contract is generally a person with full capacity for civil conduct at the age of 18, and the contract is valid.
(2) Enterprises, companies and other legal persons who sign contracts with foreign countries as the main body must be legal persons. Generally, you need to check the business license of the other party. If the license is not revoked or cancelled, it can be used as the main body of the contract.
Two, the legal representative of the enterprise shall sign or seal the contract; If a non-legal representative signs a contract, it is necessary to check whether the other party holds a legal power of attorney and whether the signatory has the authorization to sign the contract.
Three, the form of the contract should be mainly in written form, oral and other forms of agreement should pay attention to the preservation of evidence.
Four, the conclusion of the contract should have legal effect, to avoid defects in effectiveness:
1, the actor has corresponding capacity for civil conduct;
2. The meaning is true;
3. Do not violate the mandatory provisions of laws and administrative regulations.
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 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.
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.