How to sign a labor contract with yourself

Why do you sign a contract with yourself?

OK. Article 17 of the Labor Contract Law stipulates that:

The employment contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employing unit;

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.

1. What is an employment contract?

Labor contract, also known as labor contract, labor agreement. The labor contract is the basic legal form for adjusting the labor relationship, and it is also the basic premise for establishing the labor relationship between the employee and the employer, and occupies a core position in the labor law.

2. The employer has the obligation to conclude a written labor contract with the employee in a timely manner.

Article 10 of the Labor Contract Law stipulates that a written labor contract shall be concluded, which means that it is necessary. Legally, it is an obligation to stipulate that it should be concluded, so it is the legal obligation of the employer to conclude a written employment contract. Article 10 of the Law on the Notification of Labor Contracts also stipulates that:

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. This establishes the employer's obligation to conclude a written employment contract with the employee in a timely manner, and the employer shall bear corresponding legal liability for violating this obligation. Article 82 of the Labor Contract Law stipulates that:

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. This article uses the method of increasing the cost of illegal activities of the employer to urge the employer to conclude a written labor contract with the employee in a timely manner.

With the continuous development of social economy, we have begun to move towards the society in life, and slowly engage in labor-related activities in the society. Therefore, let's take a look at how to sign a labor contract.

First of all, we should understand a question, that is, what should be included in the employment contract? According to the relevant laws and regulations of China, the labor contract shall have the corresponding clauses stipulated in Article 17 of the Labor Contract Law, and in addition, this clause shall also include the probationary period, training, and the signing of relevant insurance and welfare benefits agreed between the employer and the employee.

Of course, when signing a labor contract, we should also pay attention to some relevant precautions, first of all, when signing a labor contract, we must follow the principle of equality, voluntariness and consensus, and there can be no coercive behavior, let alone violate any administrative regulations. In addition, when recruiting workers, the employer must truthfully inform the employee of the content of the work, the working conditions, the location of the relevant work and the occupational hazards.

To sum up, the signing of the labor contract must include the above matters, and the first issue we must pay attention to is that the labor contract must be standardized, and must contain some of the relevant ideas introduced above, otherwise, the labor contract is likely to have great loopholes, which is very bad for ourselves.

The signing of the labor contract shall be in written form. According to the provisions of the Labor Law, the term of the labor 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 long or short.

An indefinite employment contract, i.e. only a start date is specified in the employment contract.

An employment contract with a term for the completion of a certain amount of work.

The labor contract is signed by the company you work for, provided that you agree to the content of the contract, and the company can seal it after you sign and confirm.

You should sign an employment contract on the first day of employment, including during the internship period, and it is illegal to sign it if you do not sign it.

We must carefully read the terms before signing, and then sign them voluntarily.

Both the employer and the employee should be able to assume the responsibilities of the labor contract in accordance with the law. The terms and conditions stipulated in the labor contract must comply with the mandatory provisions of the relevant national laws and administrative regulations. An important principle to be followed in signing an employment contract is equality, voluntariness, and consensus.

Based on the contract term, labor contracts are divided into fixed-term labor contracts, indefinite-term labor contracts, and labor contracts with a term of completion of certain work tasks. The term of the employment contract refers to the effective time of the employment contract, the time when the employment contract entered into by both parties begins and ends, and the time when the employment relationship is legally binding. A fixed-term employment contract refers to an employment contract in which the employer and the employee agree on the termination time of the contract.

The employer and the employee may enter into a fixed-term labor contract if they reach an agreement through consultation.

When a fixed-term employment contract is terminated, it is largely up to the employer whether to renew it. Signing a fixed-term labor contract can provide employers with employment flexibility and reduce labor costs, but the employees' sense of job stability and change is poor. An indefinite-term employment contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. An employment contract with a term of completion of a certain task refers to an employment contract in which the employer and the employee agree that the completion of a certain task shall be the term of the contract.

The necessary clauses stipulated in the content of the employment contract are:

1. The term of the labor contract. It is mainly divided into three forms: fixed term, indefinite term and time limit for completing a certain amount of work;

2. Work content. It mainly includes the type of work and position, as well as the production work, labor service, work shift, etc. that should be completed by the position;

3. Labor protection and working conditions. It mainly includes labor safety and health regulations, protection regulations for female workers and minors, working hours, rest and vacation, etc.;

4. Annihilate labor remuneration. It mainly includes the wages, bonuses, allowances and subsidies of workers;

5. Labor discipline. It mainly includes enterprise rules and regulations, labor discipline and other contents and their implementation procedures;

6. Conditions for termination of the labor contract;

7. Liability for breach of labor 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.