Is it legally valid for the termination agreement of the labor contract to be stamped with a specia

The termination agreement of the labor contract is legally valid if it is stamped with a "special seal for the contract". The special seal of the contract stamped by the labor contract termination agreement is also legally effective, but the terms and conditions in the agreement can only be signed after the agreement of both parties through negotiation, and the labor contract termination agreement needs to be signed by both parties after the two parties have negotiated.

Legal analysis

If an employee signs a termination agreement with an employer, it should generally be stamped with the company's official seal, and the personnel department of the enterprise is specifically responsible for the signing and performance of personnel-related contracts, so if the personnel seal is affixed, it can also be deemed to have legal effect. Depends on the countryLaws and Regulations

If it is signed, it should be the signature of the legal representative, and the signature of other persons authorized by the legal representative is also reasonable and valid. If the termination agreement of the labor contract is stamped with the official seal of the employer, it also has the same legal effect as the special seal of the contract. The termination agreement of the labor contract will take effect immediately after it has been signed and signed by both parties.

In addition, there is the issue of compensation after the termination of the labor contract, which is related to the stateLaws and Regulations

There are also mandatory provisions, even if the employer does not recognize it afterwards, the termination agreement of the labor contract has already played the role of relevant basic evidence, which can prove that the employer and the employee have terminated the labor contract, and the severance shall be paid accordingly in accordance with the mandatory provisions of the law.

Legal basis

Article 16 of the Labor Contract Law of the People's Republic of China A labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

The head of the department approached her last week to negotiate the termination of the labor contract, and she resigned at the end of the month. Yesterday, the head of the department asked her to sign a labor contract termination agreement, which stated that the compensation for the monthly salary was paid, and the friend signed it and pressed her fingerprint; On the part of the company, both the department manager and the director have signatures, but only the special seal of the contract is stamped. Is it valid for a similar labor contract termination agreement to be stamped with only a "special contract seal"?

Is such an agreement to terminate an employment contract legally enforceable?

Please ask someone who knows labor law to help answer the answer! Thank you!

Description: I despise the Shenzhen Shiyan Labor Office, and my friend called ** to consult the above question, since he said that the thing did not happen and was not sure whether it was effective, he was angry and said that it was effective, and asked him to confirm and then change his mouth to say that he did not see the real thing, and he was not sure whether it had legal effect.

This should be a very basic knowledge of labor law! Why can't people who work in the labor office even give the most basic knowledge of labor laws to the public?

This agreement is valid, and I will explain it to you from my own experience in handling the case. Clause.

1. The termination of the labor relationship by the company is carried out publicly and in writing, and these will be verified in the future. Clause.

Second, the contract must be signed with the employee in the name of the unit, and both parties are voluntary, and the content is true and valid. Don't doubt that the so-called "contract seal" is this chapter, it also represents the company, and the chapter is real. Clause.

3. There are signatures of department managers and directors, who are performing their duties and representing the company. To sum up, the contract is certainly legal and valid. In addition, the law has mandatory provisions on the compensation for the termination of the contract, and even if the company makes a mistake after the fact, the above-mentioned contract has already played a basic role as evidence, proving that the company and the employee have terminated the labor contract, and the compensation must be paid in accordance with the mandatory provisions of the law.

The signatures of the department manager and the director are acts of duty, and together with the special seal of the contract, constitute the company's expression of intent. The law does not stipulate that the special seal of the company's contract cannot be used to sign and terminate the labor contract, and the intention of both parties is true and legal, and the contract is valid!

In terms of the validity of the chapter, there is no problem. There is no need to dwell on one chapter. In general, the unit's approach is reasonable, as long as both parties reach an agreement on the termination of the contract.

As long as it is the official seal of the employer filed in accordance with the law, it has legal effect.

According to the Supreme People's Court's Interpretation (II) on Several Issues Concerning the Application of the Contract Law of the People's Republic of China

Article 5 Where a party concludes a contract in the form of a written contract, it shall sign or affix a seal. Where a party puts a fingerprint on the contract, the people's court shall find that it has the same legal effect as the signature or seal.

Legal analysis: as long as the chapter is legal and valid, it can prove that the termination of the labor contract relationship between the company and the individual is valid, and the employer must seal the termination of the labor contract after issuing the certificate, and only the seal can have legal significance, but the specific seal depends on how the company stipulates, as long as the company recognizes, then it is okay.

Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties.

Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

According to the Labor Contract Law of the People's Republic of China, the labor contract shall be in written form and signed or sealed by the employer and the employee. Therefore, if an agreement is reached between the employer and the employee upon termination of the employment contract, the content of the agreement should be in written form and signed or sealed by both parties to prove the authenticity and validity of the agreement.

In the written form of the agreement, the legal representative or authorized relevant personnel of the employer shall normally stamp the official seal of the employer's position to express the employer's willingness and commitment. If the employer affixes the contract seal to the agreement, it can also be considered as a valid method, provided that the use of the contract seal is stipulated and approved in the employer's internal management system.

It should be noted that the termination of the labor contract shall comply with the relevant laws and regulations and the provisions of the labor contract, and shall not violate the laws and regulations and the provisions of the labor contract. According to the Labor Contract Law of the People's Republic of China, the labor contract shall be in written form and signed or sealed by the employer and the employee. Therefore, if an agreement is reached between the employer and the employee upon termination of the employment contract, the content of the agreement should be in written form and signed or sealed by both parties to prove the authenticity and validity of the agreement.

In the written form of the agreement, the legal representative of the employer or the relevant person authorized by the employer shall usually affix the official seal of the employer to express the willingness and commitment of the employer. If the employer affixes the contract seal to the agreement, it can also be considered as a valid method, provided that the use of the contract seal is stipulated and approved in the employer's internal management system.

Legal analysis: The employer and the employee can terminate the labor contract if they reach a consensus through consultation. There are no substantive and procedural restrictions on the termination of the labor contract through negotiation, as long as the two parties reach an agreement, and the content, form and procedure do not violate the law's prohibition of prudence and mandatory regulations.

If the employer proposes to terminate the labor contract, the employer shall pay the employee severance for the termination of the labor contract.

Legal basis: Civil Code of the People's Republic of China Article 35 What is the seal on the agreement to terminate a labor contract, and the parties conclude the contract in the form of a contract, the contract shall be established when both parties sign or affix their seals. As far as the parties are concerned, they are nothing more than natural persons, legal persons and other organizations.

When a natural person concludes a contract, it is generally signed by the natural person who concluded the contract or affixed with his or her own name, and when a legal person or other organization concludes a contract, it is generally signed by the legal representative of the legal person or the person in charge of the other organization or affixed with the official seal of the unit.