Is the original address and the current address on the employment contract the same valid?

The original address and the current address on the labor contract are equally valid, and the employee and the employer shall agree on an accent to change the labor contract, and the change of the labor contract shall be in written form. The amended labor contract shall be held by the employer and the employee.

Labor Contract Law

Article 34 In the event of a merger or division of an employer, the original labor contract shall continue to be valid, and the labor contract shall continue to be performed by the employer that inherits its rights and obligations.

Article 35 The employer and the worker may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.

The amended labor contract shall be held by the employer and the employee.

Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

Article 17 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.

Article 18 Where the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the worker may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

Legal analysis: The place of performance of the labor contract is inconsistent with the place of registration of the unit, which has no special impact on the employee.

In the event of a labor dispute, the employee may apply to the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located.

1) If the place of performance of the labor contract is inconsistent with the place where the employer is registered, the minimum wage standard, labor protection, working conditions, occupational hazard protection and the average monthly wage standard of employees in the previous year in the region shall be implemented in accordance with the relevant provisions of the place where the labor contract is performed.

2) If the employer and the employee agree to follow the relevant regulations of the place where the employer is registered, the premise must be that the relevant standards of the place of registration of the employer are higher than the relevant standards of the place where the labor contract is performed.

In other words, it is statutory to enforce the relevant treatment of the employee in accordance with the standards of the place of performance of the employment contract, even if some or all of the standards of the place of performance of the employment contract are lower than the relevant standards of the place where the employer is registered. If you want to apply the relevant regulations of the place of registration of the employer, you must meet two conditions at the same time: first, there is an agreement between the two parties; Second, the relevant standards of the place of registration of the employer are higher than the relevant standards of the place where the labor contract is performed.

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, 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 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.

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

In general, the current address and ID address of the labor contract must be filled in. At present, the employment contract of an enterprise generally includes the place of household registration and the employee's current address, both of which need to be filled in.

Labor 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.

According to the first paragraph of Article 16 of the Labor Law of the People's Republic of China (hereinafter referred to as the "Labor Law"), a labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties.

According to this agreement, the worker joins an enterprise, individual economic organization, public institution, state organ, social organization and other employers, becomes a member of the unit, undertakes certain types of work, positions or positions, and abides by the internal labor rules and other rules and regulations of the employer;

The employer shall arrange the work of the hired workers in a timely manner, pay labor remuneration according to the quantity and quality of the labor provided by the employees, and provide necessary working conditions in accordance with the provisions of labor laws, regulations and labor contracts, so as to ensure that the employees enjoy labor protection, social insurance, welfare and other rights and benefits.

It is okay if the labor contract does not write the address, but it cannot affect the performance of the labor contract. The employer's residence, the employee's address and place of work are necessary terms of the employment contract.

If the address agreed in the labor contract is not clear and a dispute arises, the employer and the employee may re-negotiate with the employer; If the negotiation fails, the provisions of the collective contract shall apply; Where there is no collective contract or there are no provisions in the collective contract, the relevant provisions of the state shall apply.

If the employer conceals the actual place of work and signs the labor contract by fraud, the employee may apply to the labor dispute arbitration commission for arbitration to confirm the invalidity of the labor contract. If the employee terminates the employment relationship with the employer as a result, he or she may claim economic compensation.

1. The term of the labor contract.

The law stipulates that there are three types of contract periods: there are fixed periods, such as 1-year periods, 3-year periods, etc.; There is no fixed term, there is no specific time agreement on the term of the contract, only the conditions for terminating the contract, and unless there are special circumstances, the contract of such period shall continue until the employee reaches retirement age; For example, if a labor service company sends an employee to work in another company, and the two companies sign a labor contract, the term of the labor contract signed between the labor service company and the expatriate employee is terminated by the dissolution or termination of the labor contract, and the term of this contract belongs to the type of term for the completion of a certain work.

When the employer and the employee negotiate and choose the term of the contract, they should agree on it according to the actual situation and needs of both parties.

2. Work content.

In this mandatory clause, the parties may agree on the quantity and quality of work, the position of the worker, etc. When agreeing on a job, you can agree on a broad concept of the post, or you can sign a short-term post agreement as an annex to the labor contract, and you can also agree on the conditions under which the terms of the post can be changed in a casual way, etc. Mastering this skill of concluding an employment contract can avoid disputes arising from over-employment agreements and inconsistent negotiation of the terms of changing positions.

3. Labor protection and working conditions.

In this regard, it is possible to stipulate working hours, rest and vacations, various measures for occupational safety and health, measures and systems for labor protection for female workers and juvenile workers, and the necessary conditions for labor and work provided by the employer for workers in different positions.

4. Labor remuneration.

This mandatory clause can stipulate the employee's standard wage, overtime wage, bonus, allowance, subsidy amount, payment time, payment method, etc.

5. Labor discipline.

This clause should stipulate the rules and regulations formulated by the employer, which can be briefly stipulated in the form of printing the internal rules and regulations in a book and annexing the contract.

6. Conditions for the termination of the labor contract.

This mandatory clause is generally agreed in an indefinite term employment contract, as there is no time limit for termination in such contracts. However, other types of contracts with a term may also be stipulated. It should be noted that the parties shall not stipulate the conditions for terminating the contract as the conditions for terminating the contract, so as to avoid a situation where the employer should pay severance when terminating the contract instead of paying severance when terminating the contract.

7. Liability for breach of labor contract.

Generally, there are two forms of liability for breach of contract, the first is that one party compensates for the economic loss caused by breach of contract to the other party, that is, the way of compensating for the loss; The second is to agree on the calculation method of liquidated damages, and the specific amount should be agreed according to the ability of the employee to bear the liquidated damages, so as to avoid obvious unfairness. Breach of contract does not refer to a general breach of contract, but refers to a serious breach of contract, which makes it impossible to continue to perform the labor contract, such as the employee resigns in breach of contract, and the employer illegally terminates the labor contract.