How to sign the labor contract and how the labor contract should be signed

In accordance with the Labor Contract Law.

Article 17 stipulates that the labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

In addition, the precautions are as follows:

1. Be sure to read the content of the contract, confirm that there is no problem before signing, and if you feel that there is a problem, you can negotiate with the company and ask for correction before signing;

2. Do not sign a blank labor contract, if it is signed, the company may add unclear content in the blank space, which is not beneficial to the employee;

3. Do not sign a contract without the seal of the unit or the seal of multiple units, once a labor dispute or work-related injury accident occurs, it will bring the problem of unclear responsibility of the employer, and you must see clearly the name of the company and the company's seal are consistent with the name of the work permit before signing;

4. In case of illegal situations where the company does not give the employee the text of the contract and the content of the labor contract is illegal, the worker can complain to the local labor inspection brigade for resolution;

Follow these steps strictly:

First, it is necessary to carefully examine the qualifications of the laborers.

2. Both parties fulfill their obligation to inform.

3. Sign the labor contract.

Fourth, go through the entry procedures.

An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

1. How to sign the labor contract.

1. You must clearly know the unit you have signed with you, and you must see both parties to the contract when you sign the agreement. Usually there are only two parties to an employment contract. Don't believe verbal promises, clarify the liability for breach of contract, and sign a labor contract in hand.

2. Legal basis: according to Article 17 of the Labor Contract Law of the People's Republic of China.

Fill in the terms of the contract in detail to avoid signing an employment contract with incomplete terms. According to the provisions of relevant laws and regulations, the labor contract shall have the name of the unit, the address and the legal representative, the name, address and resident ID number of the employee, the contract period, the content and place of work, working hours, rest and vacation, labor remuneration, social insurance, labor protection, working conditions and occupational hazard protection, etc. In particular, for the contract text drafted in advance by the employing unit, it is necessary to carefully read the relevant important terms and regulations of the employer.

Illegal requests from employers should be denied. Workers recruited shall not have their resident identity cards or other documents seized, and shall not require guarantees or receive property in other names.

2. Compensation for termination of labor contract.

1. If the employer terminates the labor contract by the parties to the labor contract through consultation, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year according to the employee's years of service in the employer, up to a maximum of 12 months. If the working time is less than one year, severance shall be paid according to the standard of one year;

2. If there is a major change in the objective circumstances on which the labor contract is concluded, resulting in the inability to perform the original labor contract, and the parties cannot reach an agreement on changing the status of the labor contract after consultation, and the employer terminates the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of working time according to the number of years of service in the employer.

The parties shall sign the labor contract in accordance with the following provisions: it shall be signed from the date of employment and shall not exceed one month at the latest; Unless employed full-time, it must be in writing; The employer and the employee sign the agreement through consultation; Other. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

1. Is it necessary to sign a labor contract to open a hotel?

Need. The employer shall establish a rolling relationship with the employee from the date of employment. Employees in the catering industry are no exception and must enter into a written labor contract with the employee.

It is not advisable for an employer to employ an employee without signing a labor contract. If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year, it is already an illegal employee, and the employer shall pay the employee twice the monthly wage.

2. How long does it take for the labor relationship to be confirmed?

From the date of employment of the employer, it can be confirmed that the two parties have established an employment relationship, and a written labor contract shall be concluded in a timely manner, but not more than one month at the latest. If the employer deliberately fails to sign a labor contract for more than one month from the date of employment, it shall omit to pay twice the monthly salary to the employee; But the maximum payment is not more than eleven months.

3. Whether the probationary period is related to the existence of labor relations.

The probationary period has established an employment relationship. The employer shall establish an employment relationship with the employee from the date of employment, and shall conclude a written labor contract for no later than one month. If the employer deliberately fails to sign a labor contract for more than one month, it shall pay the employee twice the monthly wage; If the contract exceeds one year, it shall be deemed to have signed an indefinite term labor contract, and the employee shall be paid twice the monthly salary from the date on which the contract should have been concluded.

Article 7 of the Labor Contract Law of the People's Republic of China.

The employer shall establish an employment relationship with the employee from the date of employment. Employers shall establish a roster of employees for future reference.

Article 10. To establish a labor relationship, 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 employment relationship shall be established from the date of employment.

The labor contract shall be signed in writing, one for each employer and employee.

The labor contract shall be signed by the employer and the employee on the basis of consensus. When signing a labor contract, both the employer and the employee can put forward their own claims and requirements, and if both parties negotiate together and agree to the terms of the contract, the labor contract will have legal effect after signing and sealing.

The contract should specify the work content, conditions, location, occupational hazards, safety production status, labor remuneration, etc., so as to prevent the infringement of one's rights and interests due to unclear agreements. Before signing an employment contract, it is necessary to be as clear as possible whether the employing unit is a legally operating entity and whether it has the qualifications of an employing entity. Otherwise, even if the two parties sign an employment contract, it will be invalid due to violation of the law.

In the process of concluding an employment contract, the legal status of both parties is equal. The employee and the employer are not in a position of injustice because of the difference in their respective natures, and neither party shall coerce or coerce the other party, and it is strictly forbidden for the employer to impose restrictions or coercive orders on the employee.

Legal basisLabor Contract Law of the People's Republic of China

Article 17. The content of the labor contract] The labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary provisions of the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare matching.