1. Is it necessary for a legal person to sign a sealed labor contract?
When a labor contract is stamped, it does not necessarily need the signature of a legal person. The person in charge authorized by the general legal person can also sign, but a power of attorney authorized by the legal person is required.
In the labor contract, the official seal of the company and the signature of the legal person have the same effect. There is only the official seal of the company on the contract, and there is no legal person signature, which does not affect the validity of the contract.
An effective labor contract itself is signed with the unit. The contract is stamped with the official seal of the unit and takes effect after the employee signs it. Article 16 of the Labor Contract Law 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.
2. Is the labor contract stamped with the official seal or the contract seal?
The labor contract is stamped with the official seal of the employer. The special seal for the labor contract, the special seal for personnel or the seal of the personnel department are internal seals, and these seals can only be stamped on the labor contract with the authorization of the employer. The labor contract shall come into effect after the employer and the employee sign or seal the text of the labor contract, and the employer and the employee each hold one copy.
Three. How long after the labor contract is stamped?
After the labor contract signed with the company is sealed, it is generally provided to employees within one month from the date of employment. When establishing labor relations with employees, the employer shall conclude a written labor contract within one month from the date of employment, and the employer fails to provide a copy of the labor contract to the employees within one month, which violates the provisions of the Labor Contract Law.
legal ground
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 82 stipulates that if the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary.
Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.