How to sign and write the labor contract, how to sign the labor contract

Article 17 of the Labor Contract Law 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 ID card number of the employee, 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.

While reading the Labor Contract Law and other laws, you should also ask more classmates, peers and friends who have found jobs, and have more knowledge and experience to avoid losses.

The ideal employment contract shall be stipulated in the Labor Contract Law.

But the reality is cruel.

In a realistic contract, you have to pay attention to the salary, working hours, rest time, whether you have to obey the transfer, social security, contract duration and other details.

There is no need for you to write, and now the company generally signs a labor contract in a fixed format provided by the Labor Bureau. If you want to know what should be included in an employment contract, please search for the Labor Contract Law and check it yourself!

Legal analysis: 1. The employer shall establish a labor relationship with the employee from the date of employment, and the employer shall establish a roster of employees for future reference;

2. 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;

3. 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;

4. The worker has worked for the employer for 10 consecutive years;

5. When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

6. The labor contract is renewed for two consecutive fixed-term labor contracts, and the employee does not renew the labor contract without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

Legal basis: Labor Contract Law of the People's Republic of China

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 11 Where an employer fails to conclude a written labor contract at the same time as employing the workers, and the labor remuneration agreed upon with the workers is not clear, the labor remuneration of the newly recruited workers shall be implemented in accordance with the standards 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;

Article 14 An indefinite-term labor contract refers to a labor 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. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded unless the employee proposes to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years;

2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) Where a fixed-term labor contract has been concluded for two consecutive periods, and the employee has not renewed the labor contract without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed by the employer and the worker on the text of the labor contract or stamped with the seal of the employee.

The employer and the employee shall each hold one copy of the labor contract.

Legal analysisThe steps for signing the labor contract are as follows: 1. The employer shall establish a labor relationship with the employee from the date of employment, and the employer shall establish a roster of employees for future reference; 2. 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 from the date of employment; 3. 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 standards stipulated in the collective contract, and if there is no collective contract or the collective contract does not stipulate, equal pay for equal work shall be implemented; 4. When an employer implements the labor contract system for the first time or reconcludes a labor contract after the restructuring of a state-owned enterprise, the employee has worked for the employer for a specified period of time and is less than the prescribed time from the statutory retirement age.

Legal basisArticle 10 of the Labor Contract Law of the People's Republic of China establishes a labor relationship, and a written labor contract shall be signed by Chasun. 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 an employer and an employee conclude a labor contract before employment, the labor relationship shall be established from the date on which the employment fails.

As to how to sign a labor contract, first of all, the employer shall sign an employment contract even if it has established an employment relationship with the employee from the date of employment. Secondly, the labor contract shall have the following clauses: 1. The name of the employer and the legal representative or main person in charge; 2. The name and resident ID number of the worker; 3. The term of the labor contract; 4. Work content and work location; 5. Working hours and rest time; 6. Labor banquet and tomb balance remuneration; 7. Social insurance; 8. Labor protection, working conditions and occupational hazard protection; 9. Other matters that should be included in the labor contract as stipulated by laws and regulations.

The employer and the employee shall sign or seal the text of the labor contract to take effect. It should be noted that the employee has the right to hold a copy of the employment contract. The above is my answer to this question, I hope it helps! Thank you!