The labor contract is legal even if there is no signing date. As long as the employer has established a labor relationship with the laborer, it must sign a labor contract within one month from the date of formally establishing the labor relationship. As long as the labor contract is signed or sealed, it shows that the labor contract is valid.

1. Is it legal that the labor contract has no signing date?

Legal. 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.

Article 7 of the Labor Contract Law stipulates that the employer shall establish labor relations with the laborer from the date of employment.

Article 10 stipulates that 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 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.

Second, the legal responsibility of the employer not to sign a labor contract

According to the Labor Contract Law, "if the employer fails to sign 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". Therefore, enterprises should pay double wages when dissolving labor relations. If not, employees can apply for labor arbitration.

If a contract is signed, according to the regulations: "The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period. " Employees should notify the enterprise 30 days in advance of their resignation. If a laborer terminates a labor contract in violation of the provisions of this law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, thus causing losses to the employer, he shall be liable for compensation. Workers who resign may be liable for compensation; If a labor contract is not signed, the employee may terminate the relationship at any time and shall not be liable for compensation. As a result, the binding force of enterprises on workers becomes weak.

Failure to sign a labor contract can lead to the establishment of an open-ended labor contract. "If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer has concluded an open-ended labor contract with the employee. This is not good for enterprises.

The unit cannot dismiss employees on the grounds that the probation period is unqualified. If the employee is proved not to meet the employment conditions during the probation period, the employer may terminate the labor contract. Therefore, if a contract is signed to stipulate the probation period, the enterprise can dismiss employees at any time on the grounds that they do not meet the employment conditions during the probation period without paying economic compensation. If you don't sign a labor contract, there is no probation period, and you must pay economic compensation for dismissing employees.

Failure to sign a labor contract still does not exempt workers from the obligation to pay various social security fees. The law stipulates that as long as labor relations exist, enterprises should fulfill all the obligations stipulated in the labor law. If not, workers can complain to the labor inspection department.

Although the labor contract is legal even if there is no signing date, in order to avoid unnecessary disputes, it is better to write down the specific signing date of the labor contract, which will facilitate workers to prove when the specific labor relationship was established in the future, because China stipulates that workers and employers must sign the labor contract within one month, so it is better to write down the date.