Legal Subjectivity:
Article 16 of the Labor Law: A labor contract shall be agreed between the employer and the employee through negotiation, and shall be signed or sealed by the employer and the employee on the labor contract text. Take effect. The requirements for taking effect are consensus, signature or seal. It can be seen that sealing is not necessary. In practice, the contract can also be effective if signed by the employer's legal representative or its agent, or the labor manager. In addition, it does not matter whether the contract is authenticated, whether it uses the contract template of the labor department, or whether it is filed. The employer and the employee each keep a copy of the labor contract text. Legal objectivity:
A labor contract is an agreement that establishes a labor relationship between an employee and an employer and clarifies the rights and obligations of both parties. According to the content of the contract, labor contracts are divided into labor contracts within the scope of the labor contract system and labor contracts outside the scope of the labor contract system; according to the form of the contract, they are divided into mandatory labor contracts and optional labor contracts. 1. Before signing a labor contract, you should try to make it clear whether the employer is a legally operating unit and whether it has the qualifications to be an employer. Otherwise, even if the two parties sign a labor contract, it will be invalid due to violation of legal provisions; 2. The contract should clearly specify the work content, conditions, location, occupational hazards, safety production conditions, labor remuneration, etc., to prevent the agreement from being unclear and causing your rights and interests to be affected. Infringement; 3. The matters agreed between the employee and the employer must be confirmed in writing and included in the labor contract to avoid verbal promises by the employer, prevent future disputes, and lack of effective legal protection due to lack of evidence; 4. Fill in the contract terms in detail to avoid signing an employment contract with incomplete terms. According to the "Labor Contract Law", the labor contract should include the name, address and legal representative of the unit; the name, address and resident ID number of the worker; the contract period; the content and location of the work; working hours, rest and vacations; labor remuneration; social Insurance; labor protection, working conditions and occupational hazard protection, etc. Especially for the contract text drafted in advance by the employer, you must be more careful