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Anonymous users2024-02-06The acceptance notice can be determined according to the different forms and contents to determine whether it has legal effect, and is divided into two types: those with the nature of an offer and those with the nature of an invitation to offer. If an offer is issued, the corresponding risks should be addressed from the following aspects:
First, the exceptions to not being hired should be listed in the offer letter one by one, so as to retain a certain degree of employment initiative.
Second, once the offer letter is issued, if there is still an opportunity to withdraw or revoke it, it should be grasped. The employer may withdraw the offer before the offer letter reaches the person to be hired, and it should be noted that the offer must be withdrawn before the offer letter reaches the person to be hired or at the same time; The employer may revoke the notice of employment before the person to be hired makes a commitment, but the notice of revocation must arrive before the person to be hired makes the commitment, and there are no of the following irrevocable circumstances: (1) the employer has determined the time limit for the person to be hired to respond or otherwise clearly stated that the notice of employment is irrevocable; (2) The person to be hired has sufficient and reasonable grounds to believe that the offer notice is irrevocable and has made preparations for the performance of the contract, such as resignation to the original unit.
Third, once the offer letter is issued, it has legal effect, and the employer may not unilaterally change the content thereof, such as job position, salary, benefits, etc., unless it is withdrawn or revoked in accordance with the law.
Fourth, the offer letter is not equivalent to an employment contract, and once an employer hires an employee, it should still sign a labor contract with the employee in a timely manner in accordance with the law to avoid bearing the corresponding legal consequences. If the agreement in the labor contract is unclear, it will be implemented in accordance with the relevant content in the employment notice.
Contract Law of the People's Republic of China
Article 13 When the parties conclude a contract, they shall make an offer or acceptance.
Article 14 An offer is an expression of intent to conclude a contract with another person, and the expression of intent shall comply with the following provisions:
1) The content is specifically determined;
2) Indicate that the offeror is bound by the expression of intent if it undertakes to accept it.
Article 15 An invitation to make an offer is an expression of the intention to make an offer to oneself from others. ......
Article 16 The offer shall take effect when it reaches the offeree.
Article 17 The offer may be withdrawn. Notice of withdrawal of the offer shall reach the offeree before or at the same time as the offer.
Article 18 The offer may be revoked. The notice of withdrawal of the offer shall reach the offeree before the offeree gives the notice of acceptance.
Article 19 The offer shall not be revoked under any of the following circumstances:
1) The offeror has determined the duration of the commitment or otherwise expressly stated that the offer is irrevocable;
b) The offeree has reason to believe that the offer is irrevocable and has made preparations for the performance of the contract.
Article 21 An undertaking is an expression of the offeree's intention to agree to the offer.
Article 22 Undertakings shall be made by way of notice, except where it is indicated by conduct that the undertaking can be made in accordance with trading customs or offers.
Article 25 The contract shall be formed when the undertaking takes effect.
Article 26 The notice of acceptance shall take effect when it reaches the offeror. If the acceptance does not require notification, the acceptance shall take effect when the acceptance is made in accordance with the trading customs or the requirements of the offer.
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Anonymous users2024-02-05If it is sealed, it has the effect of law.
First, whether receipts and receipts have legal effect depends on two factors: first, they are legal in content, which means that the receipts and receipts record real income and expenditure or loans; Second, it is formally legal, which means that the process of filling in receipts and receipts is voluntary, and there is no fraud, coercion, etc. >>>More
First, whether receipts and receipts have legal effect depends on two factors: first, they are legal in content, which means that the receipts and receipts record real income and expenditure or loans; Second, it is formally legal, which means that the process of filling in receipts and receipts is voluntary, and there is no fraud, coercion, etc. Second, receipts generally refer to the financial accounting documents that have been printed, if the questions you mention belong to this category, according to the format of the receipt and the requirements of the project, fill in the comprehensive and truth-seeking without leaving blanks; Third, the receipt generally refers to the supporting materials written on blank paper, which requires the names of both parties, the amount of money or goods received or loaned, the reason for the receipt, expenditure or loan, whether there is interest or storage charges, the date of occurrence, and other relevant contents are recorded on the receipt, and signed and fingerprinted by both parties. >>>More
The verbal agreement is valid.
Civil law provides that there are two forms of contract: the first is oral, and the second is written. An agreement or contract concluded orally is valid as long as it is expressed in the true interest of both parties. >>>More
Hello, unfortunately you have encountered such trouble, but it has happened, I hope you can treat it calmly and deal with it bravely. By asking this question today, you are demonstrating your determination. As far as I understand the situation briefly, I hope it can help you! >>>More
The minutes of the meeting do not have the force of law. The minutes of the meeting are processed and sorted out according to the minutes and documents of the meeting and other relevant materials, and reflect the basic situation and spirit of the meeting. >>>More