What are the mandatory clauses of an employment contract?

Article 17 of the Labor Contract Law stipulates that an employment contract shall contain the following provisions: (1) the name, domicile and legal representative or principal person in charge 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) Labor discipline;

10) Other matters that shall be included in the labor contract as provided by laws and regulations.

The terms of the labor contract include two parts: the necessary clause and the agreed clause, and the eight essential clauses of the labor contract: 1. The term of the labor contract. 2. Work content and working hours.

3. Labor protection and working conditions. It mainly includes facilities, equipment and protective measures for labor safety and health, special protection for female workers and minors, as well as various material conditions and production (work) environment provided for workers to ensure the smooth progress of production (work) tasks; 4. Labor remuneration. This includes wages, bonuses, allowances, and subsidies for workers.

5. Social insurance. 6. Labor discipline. It includes the rules and regulations of the employer, labor discipline and its implementation procedures.

7. Conditions for termination of the labor contract. It mainly refers to the expiration of the labor contract or the occurrence of statutory termination conditions or conditions agreed by the parties, the legal effect of the labor contract is extinguished, and the rights and obligations between the two parties are terminated. 8. Liability for violation of labor contract.

It refers to the corresponding legal liabilities that the parties should bear if they do not perform the labor contract or do not fully perform the labor contract. In addition to the necessary clauses stipulated above, the parties to the employment contract may also enter into agreed terms through negotiation. The parties may agree on the rights and obligations of both parties on matters such as vocational skills training and the protection of trade secrets.

However, the terms agreed by both parties shall not contradict the provisions of laws, regulations and relevant rules.

The law stipulates the mandatory and optional clauses of the employment contract. The necessary clauses of the employment contract refer to the content that the employment contract must have as prescribed by law. In the case of mandatory clauses prescribed by law, if the employment contract lacks such clauses, the employment contract cannot be established.

The mandatory terms include:

The name, domicile and legal representative or principal responsible person of the employer.

The worker's name, address, and resident ID card or other valid ID number.

The term of the labor contract is the time limit for both parties to enjoy each other's rights and perform their obligations, that is, the validity period of the labor contract, which can be divided into a fixed term, an indefinite term and a period for the completion of certain work tasks, and the choice of which type of term should be specified in the contract.

What you do and where you work. The content of work refers to the type or content of labor that the employee is engaged in, i.e., the job position and work tasks or responsibilities to which the labor law relationship is directed; The place of work is the place where the labor contract is performed, and it is the place where the employee engages in the work content specified in the labor contract, which is related to the working environment, living environment and employment choice of the employee, and the employee has the right to know his or her place of work when establishing an employment relationship with the employer.

Working hours and rest leave. Working hours refer to the time that must be used to complete the work tasks undertaken by enterprises, institutions, institutions, organizations and other units, such as eight-hour or six-hour working hours, day shifts or night shifts; Rest and vacation refers to the time that employees of enterprises, institutions, institutions, organizations and other units do not have to work according to regulations, but dispose of them on their own.

Remuneration for labor. This is often the issue that workers are most concerned about, and it needs to be specific and clear to prevent disputes caused by vague agreements.

Social insurance. Labor protection, working conditions and protection against occupational hazards.

Other matters that shall be included in the labor contract as stipulated by laws and regulations.

1) The name, domicile and legal representative or principal responsible person of the employer; (2) The worker's name, address, resident ID card or other valid ID number; (3) the term of the labor contract; (4) Work content and work location; (5) Working hours, rest and vacation; (6) Labor remuneration; (7) social insurance; (8) Labor protection, working conditions and occupational hazard protection.

Legal analysis: According to the laws of China, the labor contract shall have the following clauses: (1) the name, domicile and legal representative or main person in charge 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 provided 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.

Legal basis: Article 17 of the Labor Contract Law of the People's Republic of China stipulates that a 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.

Legal analysis: In accordance with the relevant provisions of the Labor Law of the People's Republic of China, the labor contract must have the following contents: 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 the termination of the labor contract; 7. Liability for breach of labor contract.

At the same time, in addition to the above necessary clauses, the parties may negotiate and agree on other contents.

Legal basis: Article 19 of the Labor Law of the People's Republic of China stipulates that the labor contract shall be concluded in written form and shall have the following provisions:

1) The term of the labor contract;

2) the content of the work;

3) Labor protection and working conditions;

4) remuneration for labor;

5) Labor discipline;

6) the conditions for the termination of the labor contract;

7) Liability for breach of labor contract.

In addition to the necessary clauses provided for in the preceding paragraph, the parties may negotiate and agree on other contents of the labor contract.

Necessary clauses of the employment contract: the basic information of the employer and the employee; Social insurance. the duration of the employment contract; Remuneration for labor. Labor protection, working conditions and protection against occupational hazards. What you do and where you work. Working hours and rest leave. It is a matter of leniency. The employer shall establish an employment relationship with the employee from the date of employment and shall conclude a written labor contract.

Legal basis. Article 17 of the Labor Contract Law of the People's Republic of China.

The employment 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, Yeyuanliang working conditions and occupational hazard protection;

(9) Other matters that shall be included in the labor contract as provided by laws and regulations.

The employment contract shall have the following clauses:

1) The name, domicile and legal representative or principal responsible person of the employer;

(2) The worker's name, address, resident ID card or other valid ID number;

3. The term of the contract of Lao Zhaoshu;

(4) Work content and work location;

5. Hail and rest and vacation during work;

(6) Labor remuneration;

(7) social insurance;

(8) Labor protection, working conditions and occupational hazard protection.

9. Other matters that shall be included in the labor contract as stipulated by laws and regulations;

10. In addition to the necessary clauses stipulated in the labor contract, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

Labor Contract Law of the People's Republic of China

Article 18. If the labor contract is not clear about the standards such as labor remuneration and working conditions, and disputes arise, the employer and the employee 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.