Does an employment contract have to be signed or sealed by a legal person to be valid?

The employment contract is implied by both parties, and it is not established if only one party signs and seals, except that the party who does not sign and seal the contract recognizes the validity of the contract. If the other party claims the existence of the labor contract, the employment relationship between the two parties will be disposed of in accordance with the labor contract, and if it is not recognized, it can be terminated according to the de facto employment relationship. The employee will automatically retire, and the employer will not pay liquidated damages.

During the probationary period, the employee can terminate the employment relationship at any time, and since the probationary period is one year, your female partner can terminate the employment relationship at any time within one year. Useful is useful contract. At this moment, the company is generally divided into state-run companies, joint-stock companies and companies started by small me, all of which are registered with the Industrial and Commercial Bureau, have legal personality and have the necessary registered capital.

Therefore, the official seal represents the legal person behavior of the unit, so the company has to bear all the responsibilities. The legal representative only performs his duties on behalf of the company.

A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law. Article 32 of the Contract Law stipulates that if the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign or affix their seals. According to this provision, the signature or seal of the parties to the contract has legal effect.

It should require the signature or seal of the legal person.

Legal analysis: Generally, it is the corporate seal of the company, or it can be the contract seal of the company. It is not necessary for the legal representative to sign, but it can also be signed by the legal representative's entrustment, whether it is the signature of the legal representative or the entrusted person, and the key to determining whether the labor contract is valid is whether it is stamped with the official seal.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, fairness and other voluntariness, consensus and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. 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 an employer and an employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal analysis: The legal person does not need to sign the seal of the labor contract, and after the labor contract is sealed by the employer, whether the representative of the labor contract signs or does not affect the validity of the labor contract, and the labor contract has legal effect as long as it is stamped with the official seal of the employer. The employment contract shall generally include the signature of the legal representative of the employer or its authorized representative, the seal of the legal person and the signature or seal of the employee.

If there is a seal of the appraisal authority, it can enhance the credibility of the contract, but it will not affect the validity of the contract itself.

Legal basis: Article 16 of the Labor Contract Law of the People's Republic of China The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

Article 490 of the Civil Code of the People's Republic of China: Where the parties conclude a contract in the form of a written contract, the contract shall be established when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting. Laws and administrative regulations stipulate or the parties agree that the contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations, and the other party accepts it, the contract shall be established.

The employment contract does not have to be signed by a legal person. If the legal person grants the first disadvantage to other responsible persons, then the relevant responsible persons can also sign, whether it is signed by the authorized person or the legal representative, as long as it is signed, then the worker also signs, and the legal relationship contract will take effect and have legal effect. In the event of any accident, compensation and liability must be borne in accordance with the legal contract that should be signed.

1. Does the labor contract need to be signed by the legal person?

The labor contract does not have to be signed by the legal person, and the responsible person authorized by the general legal person can also sign and take effect, but a power of attorney authorized by the legal person is required.

Article 16 of the Labor Contract Law stipulates that a labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each have a copy of the labor contract.

The labor contract shall be signed by the legal representative of the employer and the employee himself, and the official seal of the employer (legal person seal) shall be affixed to the labor contract. The legal representative of the employer may also entrust another person to sign an employment contract with the employee, but there must be clear entrustment procedures. Since China recognizes de facto labor relations, defects in the signing of contracts sometimes do not affect the final confirmation of labor relations, but standardizing the signing of labor contracts will be more conducive to safeguarding the rights and interests of employees.

Therefore, the labor contract does not have to be signed by the legal person, but can also be signed by the legal representative's entrustment, whether it is the signature of the legal representative or the entrusted person, and the key to determining whether the labor contract is valid is whether it is stamped with the official seal.

2. What are the terms and conditions of an employment contract?

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.

To sum up, the labor contract does not have to be signed by the legal person, because the legal person sometimes authorizes itself to other people, and at this time, the person can also sign on behalf of the legal person, whether it is signed by the legal representative himself, or his authorized person signs the contract is legally efficient and protected, so if the worker encounters this situation, he does not have to worry, just sign it directly.

The labor contract is only stamped and not signed by the legal person. The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold a copy of the text of the labor contract.

In the labor contract, the company's official seal and the signature of the legal person have the same effect, and the contract only has the company's official seal and no legal person's signature, which does not affect the validity of the contract.

Is it valid if only the labor contract is stamped and not signed by a legal person?

In the labor contract, the company's official seal and the signature of the legal person have the same effect, and the contract only has the company's official seal and no legal person's signature, which does not affect the validity of the contract.

Article 16 of the Labor Contract Law stipulates that the labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

Legal characteristics of employment contracts

First, legitimacy. The employment contract must be concluded in writing in accordance with the law. The subject is legitimate, the content is legitimate, the form is legitimate, and the procedure is legal. Only a legal employment contract can be produced.

and correspondingly legally effective. An employment contract that is illegal in any respect is invalid and is not recognized and protected by law.

Second, consensus. Under the premise of legality, the conclusion of an employment contract must be the result of the consensus between the employee and the employer, and the expression of the "agreement" between the two parties cannot be the result of a unilateral expression of intent.

Third, the status of the subject of the contract is equal. In the process of concluding an employment contract, the legal status of both parties is equal. Employees and employers are not in an unequal position because of their different natures, and neither party may coerce or coerce the other party, and it is strictly forbidden for the employer to impose restrictions or coercive orders on the employee.

Only when equality of status is truly achieved can the labor contract concluded be fair.

Fourth, there is compensation for equivalence. The employment contract clarifies the status and role of both parties in the employment relationship, and the employment contract is a two-way paid contract, in which the employee undertakes and completes the labor tasks assigned by the employer, and the employer pays the employee a certain remuneration and is responsible for the amount of insurance for the employee.

An employment contract is an agreement between an employer and an employee, and the employment contract has a fixed contract and an indefinite contract. Whether an employment contract is valid or invalid is not up to both parties. Only the court or the labor arbitration commission has the final say, and if the labor contract is invalid, then the employer is required to compensate the employee.

Legal analysis: After the employer seals the labor contract, whether the legal representative signs it or not does not affect the validity of the labor contract, and the labor contract has legal effect as long as it is stamped with the official seal of the employer.

Legal basis: Labor Contract Law of the People's Republic of China Article 16 The labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed on the text of the labor contract by the employer and the labor contractor.