The salary and working hours are written on the employment form, is this a legally binding employmen

The salary and working hours written on the employment form cannot be regarded as a legally binding employment contract, but can only be used as an attachment to the employment contract.

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.

However, the "Entry Form" does not have these contents, and its format is completely different from the employment contract, so filling in the "Entry Form" does not mean signing the employment contract.

Second, after the labor contract is concluded in accordance with the law, a relationship of labor rights and obligations arises between the employer and the employee in the legal sense, and one party must bear legal liability if it fails to perform the labor contract, so it is binding. The "Entry Form" is only a record of the relevant content at the time of the employee's entry and is not binding.

Third, although the Entry Form records the personal information and wage standards of the employee, and has some basic characteristics of an employment contract, it is considered to be a labor contract with the company, which lacks legal basis.

The payment of social security by the catering company to Ms. Wu is a legal duty that the employer should and must perform, but this does not mean that the employment contract has been signed between them, so the employee can legally require the employer to pay twice the wage difference if the employee has not signed a written labor contract.

Attachment to the employment contract.

The problem you are experiencing?

Legal Analysis: Generally speaking, the Employment Registration Form is only a document filled in by the employee to complete the employment registration procedures when he or she joins the company, and should not be regarded as an employment contract. However, if the Entry Registration Form already has the basic matters of the labor contract and the basic rights and obligations between the two parties can be determined according to the content, it shall be deemed to be a written agreement with the nature of establishing an employment relationship, and shall be regarded as a written labor contract signed between the employee and the employer.

Legal basis: Article 17 of the Labor Contract Law of the People's Republic of China The labor contract shall have the following provisions: (1) the name, domicile 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 duration of the labor contract; 4) The content of the work and the place of work; 5) Working hours, rest and vacation; 6) Labor remuneration; (Seven Spring Leaks) Social Insurance; (8) Protection of key workers, working conditions and occupational hazards; (9) Other matters that shall be included in the labor contract as provided for by laws and regulations.

Legal Analysis: Not counted. The Employee Induction Form is not an employment contract and is not a substitute for an employment contract.

The employee entry registration form is used to register the identity information, education experience and work experience of the employee, and the main members of the family, which is used by the employer to grasp the basic information of the employee. An employment contract is a written agreement between an employer and an employee that establishes the employment relationship and specifies the rights and obligations of both parties through equal consultation. The two are fundamentally different.

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.