Whether the employment contract signed by the university student is valid

If the college student does not graduate, it is an internship, and the agreement is signed, not the labor contract.

An employment contract is an agreement between an employee and an employer that clarifies their respective rights and obligations after the establishment of an employment relationship, and is also an important basis for handling labor disputes after they occur. Therefore, before signing a contract, workers should have at least the following three aspects of common sense:

1. Prepare in advance. Seven days before the conclusion of the labor contract, the employer may be required to provide the text of the contract, and at the same time fully understand the content of the contract text, especially for the terms agreed upon by both parties, it should be particularly valued.

2. Grasp the content. Although it is very difficult for the public to start from the comprehensive protection of personal interests, it should be clear that the terms of the labor contract should include two parts: one is the terms stipulated by the law, including the term of the labor contract, the content of the work, the labor protection conditions, the labor remuneration, the labor discipline, the conditions for the termination of the labor contract, and the responsibility for violating the labor contract; Second, the terms that the parties deem necessary to clearly agree should be clearly stated.

3. Focus on understanding. On the basis of grasping the terms of the contract, it is also necessary to have a clear understanding of the two parts that affect one's own interests.

The first is the circumstances under which the employee can receive economic compensation and the standard of compensation for the termination of the labor contract. In this regard, the Labour Code lists seven items, which can be consulted with the Ministry of Labor.

After the labor contract is signed, the aftermath should also be actively done. Blatantly unfair contracts are easier to guard against, and even when signing more formal contracts, it is necessary to be aware of the clues to avoid being deceived.

1. The additional terms should be clearly understood. In the employment contract, there are generally some additional clauses, and the job seeker must ask the company to come up with the original text before signing, and after carefully reviewing and having no objections, it must be stamped and retained as a basis. It is necessary to carefully check whether there are any missing agreed matters or additional explanations, and those that need to be completed immediately must not be delayed.

2. Signing in person and stamping is indispensable. When a job seeker gets a contract, he or she should have the company and its person in charge sign and seal it in person with him, so as to prevent some companies from using the time they have signed successively to manipulate the contract (change the number, time, etc.). At the same time, carefully identify the official seal of the unit to see if it is consistent with the unit you are about to enter.

Because it is often found afterwards that there will be many branches, subordinate units or business departments under the same legal entity, and many workers are reluctant to enter all of them.

3. Numbers must be capitalized. After the contract is signed, some companies will seize the time gap and change the numbers on the contract to make the job seeker suffer a dumb loss, so the job seeker must use capital Chinese characters when signing the contract involving numbers.

4. The conditions and time of the contract to take effect. Some contracts require registration in order to enter into force, and the timing relates to issues such as the duration of the interest and the renewal of the contract, which require due attention.

In addition, it is necessary to pay attention to the necessary conditions and additional conditions for the contract to enter into force (e.g. visa, registration); The contract shall be at least in duplicate, and both parties shall hold one copy and keep it properly; If there is any dispute between the parties at the time of signing, it shall be resolved by legal means.

Validly, the student has reached the age of employment stipulated in the Labor Law, and his or her status as a college student is not subject to the exclusion and application of the Labor Law. If the parties sign an employment contract by mutual agreement and without violating the conditions prescribed by law, it is protected by law. However, if the student goes to work for the employer, he or she does not need to sign an employment contract.

Article 12 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China stipulates that students who use their spare time to work and study are not regarded as employment, and may not sign labor contracts without establishing labor relations.

Students have the right and capacity to be employed, the school has issued a two-way choice recommendation form to them, they have the qualifications to work in the society, the recommendation form has stated their own situation, including the fact that they have not yet officially graduated, the company has been reviewed when hiring, there is no concealment and fraud, and the law does not prohibit the employment of college students, so they have the qualifications of the main body of labor, and the signed labor contract should be valid.

Legal Analysis: Yes, the student is already of the age of employment stipulated in the Labor Law, and his or her status as a college student is not subject to the exclusion and application of the Labor Law. If the two parties sign an employment contract through negotiation and without violating the conditions prescribed by law, the number of cases is protected by law.

However, if the student goes to work for the employer, he or she does not need to sign an employment contract.

Legal basis: Article 15 of the Labor Law of the People's Republic of China prohibits employers from recruiting minors under the age of 16. Arts, sports, and special craft units recruiting minors under the age of 16 must comply with relevant state regulations and ensure their right to receive compulsory education.

The employment contract signed by the college student is not valid; 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.

1. What are the contents of the labor contract?

An employment contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. The contents of the labor contract include the term of the labor contract, the content of the work, labor protection and working conditions, labor remuneration, labor discipline, the conditions for the termination of the labor contract, and the liability for violating the labor contract. According to Article 3 of the Labor Contract Law, the conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith.

2. What principles should be followed by both parties to the contract in labor?

The parties shall follow the following principles when entering into an employment contract: legality; Fair; Equality and voluntariness; consensus; Honesty and credibility. 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 frankly.

An employment contract is an agreement that establishes the employment relationship and clarifies the rights and obligations of both parties.

3. Is it illegal to sign a labor contract?

It is not illegal to sign two labor contracts, but it is illegal, and the law does not allow an employee to establish an employment relationship with two units at the same time.

An employment contract is an agreement between an employee and an employer to establish an employment 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 consensus, and shall not violate the provisions of laws and administrative regulations.

The state does not allow an employee to conclude an employment contract with two employers at the same time. Because the energy of workers is limited, workers who work two jobs at the same time not only endanger their physical and mental health, but also affect production and operation, and even bring immeasurable losses.

If an employee establishes an employment relationship with two employers and refuses to make corrections, or has a serious impact on the completion of the employer's work tasks, the employer may terminate the labor contract in accordance with the law without paying economic compensation.

According to the relevant regulations, 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 the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of the law of defended tenancy, fairness, equality, 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 in order to establish a labor relationship. 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.

Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.