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It is necessary to carefully read the content of the contract, whether the obligations of both parties A and B are in line with the provisions proposed, and the final signature, the contract takes effect, and is protected by law!
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Legal analysis: 1. Pay attention to whether the content of the contract is comprehensive and whether the basis is legal 2. Pay attention to whether there is a labor contract term in the contract; 3. The text of the labor contract shall be held by the employer and the employee. 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. Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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Labor Contract Law
Article 17 A 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 agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
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1. What are the precautions for signing a labor contract?
1. The matters that should be paid attention to when signing a labor contract are as follows:
1) When signing a contract, the employee should first understand the basic information of the employer, and at the same time, require these contents to be clearly written in the contract;
2) Workers should find out their specific work, and indicate the content and specific location of the work in the contract;
3) Labor remuneration should be clearly set and oral agreements should be avoided;
4) Special attention should be paid to the issue of the probationary period;
5) The payment method and time of labor remuneration should be clear, whether it is paid in cash or through the bank to the account;
6) The working hours and working conditions of workers should be clear.
2. 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 text of the labor contract.
The employer and the employee shall each hold one copy of the labor contract.
2. How to go through the procedures for concluding a labor contract.
1. The employer proposes a draft of the labor contract, and if the employee fully agrees, it will be deemed to be a commitment, and the labor contract will be established;
2. If the employee proposes to amend the draft labor contract or requests to add new content, it shall be regarded as a rejection of the offer;
3. The labor contract shall be signed by the legal representative of the single family of the employer or his written entrustment with the worker, and the date of signing shall be indicated.
In accordance with the Labor Contract Law.
Article 17 stipulates that the labor contract shall have the following clauses: >>>More
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