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A legal labor contract shall follow the principles of legality, 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. Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill labor obligations.
What are the forms of the contract.
1. The parties may be in writing;
2. The parties may use oral form;
3. Other forms;
4. The parties may use electronic data interchange and electronic mail, which can be regarded as a written form of contract.
Legal basisArticle 10 of the Labor Contract Law of the People's Republic of China.
Conclusion of a written labor contract] A written labor contract shall be concluded when establishing 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 worker conclude a labor contract before the employment department, the labor relationship shall be established from the date of employment.
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 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.
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The labor contract shall follow the principles of legality, 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. Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill labor obligations.
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Legal analysis: A legal labor contract should follow the principles of fairness, equality, voluntariness, consensus, and good faith. At the same time, the Labor Law stipulates that the labor contract shall be concluded in writing, and the following provisions shall be provided:
1) The term of the labor contract. (2) Work content. (3) Labor protection and working conditions.
4) Labor remuneration. (5) Labor discipline. (6) Conditions for termination of the labor contract.
7) Liability for breach of labor contract.
Legal basis: Article 19 of the Labor Law of the People's Republic of China The labor contract shall be concluded in writing and shall have the following provisions:
1) The term of the labor contract.
(2) Work content.
(3) Labor protection and working conditions.
4) Labor remuneration.
5) Labor discipline and discipline.
(6) Conditions for termination of the labor contract.
7) Liability for breach of labor contract.
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There is a difference in the labor contract, understand it, and reduce the risk.
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