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Only one copy of the employment contract was signed and it was in the workplace, which did not comply with the provisions of the Labor Contract Law.
To establish an employment relationship between an employer and an employee, a labor contract shall be established in accordance with the provisions of the Labor Contract Law, which 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. If the employer does not provide a copy to the employee, the employee may report to the human resources and social security bureau where the employer is located to apply for labor arbitration, and request the employer to provide it, and if the damage caused to the employee is caused, the employee shall be liable for compensation.
Labor Contract Law
Article 16 The 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.
Article 81 Where the text of the labor contract provided by the employer does not specify the necessary terms of the labor contract as stipulated in this Law, or the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.
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30 days' written notice can be used to terminate the employment relationship
Labor Contract Law
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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According to the provisions of the Labor Law, when an enterprise signs a labor contract, it must be kept in duplicate, one for the employer and one for the employee.
As for the termination of the contract, it depends on whether there is a compensation clause for the unilateral termination of the labor contract by the employee when you sign the labor contract at that time.
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The contract is generally in triplicate, Party A and B each hold one copy, and the other copy is managed by a third party, but if you are describing a contract with the state, such as a public institution, then generally sign one, because the contract made by the state is transparent, and you can **** online at any time.
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If it is not legal, you can find other evidence, such as work permits, salary scales, worker certificates, etc.
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The company does not give you a contract when it is not legal. Article 16 of the Labor Contract Law stipulates that a labor contract shall be agreed upon by the employer and the employee, 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.
If the resignation is not approved, there are 2 ways:
1. Express the resignation letter to the company's personnel department, (the resignation letter is in duplicate, mail one, keep one copy) keep the express receipt as evidence, and you can leave the company after one month; However, if the company does not settle the salary, you can take the evidence to the local labor management authority to complain;
2. Collect evidence of the company's violation of the labor contract law, such as: social insurance is not bought, and the company has not fulfilled other matters agreed in the contract. and unilaterally terminate the labor contract on this ground. Then go to the local labor management authority to complain or apply for arbitration;
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1. Is it legal to sign only one copy of the labor contract?
1. It is illegal to sign only one copy of the labor contract. If the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections, and if it causes damage to the employee, it shall be liable for compensation.
2. Legal basis: Article 16 of the Labor Contract Law of the People's Republic of China.
Effectiveness of Labor Contract] The labor contract shall be agreed upon by the employer and the employee, 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.
2. What is the process of applying for labor arbitration?
The process of applying for labor arbitration is as follows:
1. To submit an application, a party applying for arbitration shall submit a written application for arbitration and submit a copy according to the number of respondents;
2. For the acceptance of arbitration, the arbitration commission shall make a decision on acceptance or non-acceptance within five days from the date of receipt of the arbitration application;
3. For the hearing, the arbitral tribunal shall notify the parties in writing of the date and place of the hearing five days before the date of the hearing.
4. In arbitration and mediation, the arbitral tribunal shall first mediate when dealing with labor disputes, and promote the parties to reach an agreement voluntarily on the basis of ascertaining the facts;
5. Arbitral award: The arbitral tribunal shall adjudicate on labor dispute cases.
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Legal Analysis: It is illegal to sign only one copy of the labor contract, but the contract is valid. The employment contract shall be made in duplicate, one for the employee and one for the employer.
If only one copy is signed and the employee is not given, the employee can file a complaint with the local human resources and social security bureau for labor inspection and ask the employer to give the employee a copy of the labor agreement.
Legal basis: Article 16 of the Labor Contract Law of the People's Republic of China The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the copy of the labor contract. The text of the labor contract shall be held by the employing unit and the employee.
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It is not legal to sign only one copy of the employment contract. If the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections, and if it causes damage to the employee, it shall be liable for compensation.
1. Is it legal to sign only one copy of the labor contract?
1. It is illegal to sign only one copy of the labor contract. If the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections, and if the damage caused to the employee is to be compensated, the employer shall be liable for compensation.
2. Legal basis: Article 16 of the Labor Contract Law of the People's Republic of China.
Effectiveness of the Labor Contract] The labor contract shall be agreed upon by the employer and the employee, 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.
2. What is the process of applying for labor arbitration?
The process of applying for labor arbitration is as follows:
1. To submit an application, a party applying for arbitration shall submit a written application for arbitration and submit a copy according to the number of respondents;
2. For the acceptance of arbitration, the arbitration commission shall make a decision on acceptance or non-acceptance within five days from the date of receipt of the arbitration application;
3. For the hearing, the arbitral tribunal shall notify the parties in writing of the date and place of the hearing five days before the date of the hearing.
4. In arbitration and mediation, the arbitral tribunal shall first mediate when dealing with labor disputes, and promote the parties to reach an agreement voluntarily on the basis of ascertaining the facts;
5. Arbitral award: The arbitral tribunal shall adjudicate on labor dispute cases.
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Summary. Pro-<>
We'll be happy to answer your questions. It is not legal to sign only one copy of the employment contract.
Is it legal to sign only one copy of the labor contract?
Dear <> will be happy to answer for you. It is not legal to sign only one copy of the employment contract.
According to Article 31 of the Labor Law of the People's Republic of China, when an employer signs a labor contract with an employee, it shall be in written form, and two or more copies of the contract shall be signed by both parties, one of which shall be retained by the employer and the other shall be reserved for the employee. Therefore, it is not legal to sign only one labor contract. <>
I would like to ask, after an employee signs a labor contract, only the unit has a labor contract, and I don't have it, is it legal?
Yes, it is legal. According to Article 38 of the Labor Contract Law, an employment contract may be signed between the employer and the employee, or an oral contract may be signed between the employer and the employee. [Fresh Drawbacks Celebration Flowers].
It is not illegal for the employer to not give the worker a copy.
If an enterprise fails to issue a labor contract to an employee, it is a violation of the Labor Fair Trade Law, because the labor contract is a legal document for the formation of labor relations between the employee and the employer, and is the legal basis for the employer to hire the employee to the employer in accordance with the law and give them labor remuneration. <>
That is to say, after signing the contract, it is not possible for the employer to have a labor contract in hand, but also to have it in the hands of the employee.
Yes. Does this need to be proven?
Yes, the employee must also have proof of the employment contract, and the employment contract can only be considered valid if both parties have proof. The employee can ask the employer to provide a copy of the labor contract for inspection, so as to protect the rights of the employee. <>
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Yes, you can't get compensation in this way, you can see if the company has done anything to violate your labor contract, and complain to him and ask him to negotiate terms with you.
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