1. Is there any stipulation about the labor contract?
The employment period in a labor contract, that is, the term of the labor contract, can be capitalized or lowercase, and there is no specific provision in the law.
Article 8 of the Labor Contract Law, when employing workers, the employer shall truthfully inform the workers of their work contents, working conditions, workplace, occupational hazards, safe production conditions, labor remuneration and other information required by the workers; The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it.
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 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.
Second, the judicial interpretation of labor contracts
A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not violate the provisions of laws and administrative regulations. After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.
According to the first paragraph of Article 16 of the Labor Law of People's Republic of China (PRC) (hereinafter referred to as the Labor Law), a labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. According to the agreement, workers join enterprises, individual economic organizations, institutions, state organs, social organizations and other employers, become a member of the unit, undertake certain types of jobs, posts or positions, and abide by the internal labor rules and other rules and regulations of the unit; The employing unit shall timely arrange the hired laborers to work, pay labor remuneration according to the quantity and quality of labor provided by the laborers, and provide necessary working conditions according to the provisions of labor laws and regulations and labor contracts, so as to ensure the laborers to enjoy labor protection, social insurance, welfare and other rights and interests.
After establishing a labor relationship with the employer, the laborer needs to sign a labor contract to clarify the relevant contents involved in the labor contract. Generally speaking, both parties should strictly abide by the terms, but the cases in the labor contract are irrelevant, as long as the relevant information is clearly explained, and the specific situation depends on the actual situation.