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Legal analysis: The law does not stipulate the trade name of the labor contract, and the parties to the labor contract are free to choose. The font size and font of the labor contract are determined by the parties freely through negotiation, and the labor contract can be handwritten or printed.
None of these formal issues affect the legal validity of the employment contract.
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 17 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 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 laws and regulations provide shall be included in the labor contract. In addition to the necessary provisions of the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality and confidentiality, supplementary insurance and welfare benefits.
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There is no font requirement for written employment contracts. It is required to conclude a written labor contract and have the following contents: (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, etc.
Legal basis: Article 17 of the Labor Contract Law of the People's Republic of China stipulates that the labor contract shall have the following clauses:
1) The name, address, and legal representative or principal responsible person of the employer;
2) The name, address, and resident ID card or other valid identification number of the person who is bored from labor;
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;
(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.
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When signing an employment contract, both parties need to clearly agree on the relevant constituent elements of the employment contract to avoid conflicts and disputes arising from the relevant circumstances of the employment contract.
1. Are there any rules on the capitalization of labor contracts?
The length of employment in the labor contract, that is, the term of the labor contract, can be capitalized or lowercase, and the law does not specifically stipulate it.
Article 8 of the Labor Contract Law stipulates that when an employer recruits a worker, it shall truthfully inform the employee of the work content, working conditions, work location, occupational hazards, safety production status, labor remuneration, and other information required by the employee; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.
Article 10 A written labor contract shall be concluded in order to establish a labor relationship.
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 16 A 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.
II. Judicial Interpretation of Labor Contracts
An employment contract is 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 duties, and abides by the internal labor rules and other rules and regulations of the employer; The employer shall arrange the work of the hired worker in a timely manner, pay the labor remuneration according to the quantity and quality of the labor provided by the employee, and provide the necessary working conditions in accordance with the provisions of labor laws, regulations and the labor contract, so as to ensure that the employee enjoys labor protection, social insurance, welfare and other rights and benefits.
After the employee and the employer have established a labor relationship, they need to sign a labor contract to identify the relevant content involved in the labor contract.
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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, etc.
Legal basis: Article 17 of the Labor Contract Law of the People's Republic of China stipulates that 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 make an appointment to settle the probationary period, preparation for training, confidentiality, supplementary insurance and welfare benefits, and other matters.
In accordance with the Labor Contract Law.
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