Legal analysis
If the signing time of the labor contract is not indicated, the effectiveness of the contract will not be affected. As long as a labor relationship is established, a labor contract should be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. The signing date is not a necessary clause, so the contract has legal effect; The determination of labor relations starts from the date of employment and has nothing to do with the date of signing the labor contract; And the signing date is not a necessary clause stipulated by law, so this contract is valid. The formation of specific labor relations begins from your first day at work; Not the first day of signing the contract; You can prove when you started work through salary payment records, punch-in records or sign-in forms, and personal certificates. The determination of labor relations starts from the date of employment and has nothing to do with the date of signing the labor contract; And the signing date is not a necessary clause stipulated by law, so this contract is valid. When an employer signs a labor contract with an employee, it must first determine whether the labor contract is rigorous and correct. Generally speaking, if you need to sign a contract, you need to indicate the names of both parties and the signing time at the end of the contract. However, if there is no time to sign a labor contract, the length of service can be calculated according to the first day when both parties establish labor relations. Therefore, the labor contract does not mean that it has no legal effect.
legal ground
People's Republic of China (PRC) labor contract law
Article 10 To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
Article 17 A labor contract shall contain the following clauses: (1) 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.