How to sign an employment contract? How to sign an employment contract

1.Legitimacy of the contracting entityWhen signing the labor contract, it should carefully check whether the enterprise has been registered with the industrial and commercial department and the validity period of the enterprise registration. Otherwise, the signed employment contract is an invalid contract.

2.Labor contracts shall be concluded in accordance with the law, and only labor contracts with legal subjects, legal contents, legal forms, and legal procedures can produce legal effect. An illegal labor contract is an invalid contract and is not recognized and protected by law.

3.Equality of status of both parties to the contractIn the process of concluding an employment contract, the legal status of the employee and the enterprise is equal. Only by achieving equality of status can the employment contract concluded be fair.

4.The conclusion of the contract must be in written form, and the labor contract has a certain period of time, and the labor relationship is very complex and involves many contents. The use of written form to make the rights and obligations clear and specific is conducive to the performance of the contract.

In the event of a dispute, it is also well documented to facilitate the resolution of the dispute.

5.The specificity of the contractThe words and phrases of the labor contract should be accurate, clear, complete, and easy to understand, and should not be expressed in abbreviations, substitutions or vague words, otherwise misunderstandings or misinterpretations may arise in the process of labor execution, resulting in unnecessary disputes, causing losses to both the employer and the employee, and also bringing difficulties to the handling of contract disputes.

1) The type of labor contract.

According to the Labor Law, the term of the employment contract signed between the employer and the employee can be divided into three categories: There is a fixed-term labor contract, that is, the validity period is clearly stipulated in the contract, and the term can be as long as several years, more than ten years, as short as one year or several months. An indefinite term employment contract, i.e., the employment contract only stipulates a start date and does not stipulate a specific termination date.

An indefinite-term labor contract may stipulate the conditions for termination of the labor contract in accordance with the law, and as long as the agreed termination conditions or the termination conditions prescribed by law do not appear during the performance, the labor relationship may generally not be dissolved or terminated, and the labor relationship may continue until the employee retires. A labor contract with a period of completion of a certain amount of work is a valid term for the completion of a certain work or project, and the labor contract will be terminated once the work or project is completed. (2) The content of the labor contract.

The content of the labor contract is characterized by arbitrariness. Unless there are mandatory provisions of the law, the parties to a contract are completely free to decide on the content of the contract and the corresponding terms. When the parties sign the contract, it shall be carried out in accordance with the voluntary principle of the Contract Law.

3) Matters that must be agreed in the labor contract.

Including the name and address of the employer, the legal representative or the main person in charge, the name, address and number of the employee's resident ID card or other valid certificates, the term of the labor contract, the content and place of work, working hours, rest and vacation, labor remuneration, social insurance, labor protection, working conditions and protection against occupational hazards.

How do I sign an employment contract?

1. Clauses that should be present in the labor contract:

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 ID number;

3. The term of the 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;

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.

2. Matters that should be paid attention to when signing a labor contractFirst of all, the signing of a labor contract must follow the principles of equality, voluntariness and consensus, and must not violate the provisions of laws and administrative regulations. Secondly, Articles 7 to 11 of the Labor Contract Law provide corresponding provisions on the signing of labor contracts:

1. The employer shall establish a labor relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference.

2. When the employer recruits the worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, safety production status, labor remuneration, and other information that the worker requires to know; 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.

3. When recruiting workers, the employer shall not seize the resident ID card and other documents of the labor-touring worker, and shall not require the laborer to provide a guarantee or collect property from the laborer in other names.

4. To establish a labor relationship, a written labor contract shall be concluded.

5. 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.

6. If the employer and the worker conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

7. If the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standard stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

The process of signing an employment contract: the employee voluntarily registers and submits supporting documents; The employer will conduct a comprehensive assessment and select the best for recruitment; The employer fulfills the obligation to inform and asks the employee about the basic information directly related to the labor contract; The two parties negotiate on the content and requirements of the labor contract; Reach a consensus through consultation and sign a labor contract for the destruction of mu.

Article 3 of the Labor Contract Law shall follow the principles of legality, fairness, equality, voluntariness, consensus and good faith in the conclusion of a labor contract. 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 8 When employing workers, the employer shall truthfully inform the workers of the content of the work, working conditions, place of work, occupational hazards, production safety status, labor remuneration, and other information that the workers require to know; 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.

The process of concluding an employment contract is as follows:

1. Review the main qualifications of new employees;

2. Fulfill the obligation to inform new employees, and truthfully inform new employees of work content, working conditions, work location, and labor remuneration before signing the labor contract;

3. Sign a labor contract;

4. Issue labor contracts;

5. The labor contract shall be in duplicate: one copy shall be held by Fanlu Company and the employee.

So how does the labor litigation process go?

1) The elements and content of the prosecution.

The following conditions must be met for the plaintiff to be a citizen, legal person or other organization with a direct interest in the case; There is a clear defendant; There are specific claims, facts, and reasons; It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

The plaintiff shall pay the case acceptance fee in advance, and if the plaintiff applies for deferral, reduction, or exemption from payment, he or she shall submit a written application and attach proof of special hardship or other materials.

The parties must correctly exercise their litigation rights in accordance with the law and provide the necessary litigation materials as required by the court.

2) Guidelines for the presentation of evidence.

Litigants should carefully read the Notice of Presentation of Evidence in Civil Litigation Cases served by the court, and comprehensively provide the court with evidence such as evidence that they believe can prove their claims or refute the other party in accordance with its provisions.

Article 7 of the Labor Contract Law stipulates that an employer shall establish an employment relationship with an employee from the date of employment. The employer shall establish a roster of employees for future reference.

Article 8: When an employer recruits a worker, it shall truthfully inform the worker of the job content, working conditions, work location, occupational hazards, safety production status, labor remuneration, and other information that the worker requires to know. 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 9 An employer shall not seize the worker's resident identity card or other documents, nor shall it require the worker to provide a guarantee or collect property from the worker in any other name.

Article 10 A written labor contract shall be concluded for the establishment of labor relations.