Does the legal representative of the labor contract have to write the business license?

Yes, it must be written.

A business license is a certificate issued by the administrative authority for industry and commerce to industrial and commercial enterprises and self-employed persons to allow them to engage in a certain production and business activity. The format shall be uniformly prescribed by the State Administration for Industry and Commerce.

The registration items are: name, address, person in charge, amount of funds, economic components, business scope, business mode, number of employees, business period, etc. The business license is divided into original and copy, both of which have the same legal effect.

The original shall be placed in a conspicuous position in the company's domicile or place of business, and the business license shall not be forged, altered, leased, lent or transferred.

The original and duplicate of the business license have the same legal effect and are not different in substance. If you talk about the difference, it's just the form of appearance. In terms of use, the original is "must be hung" in a conspicuous place on the business premises, otherwise you may be penalized for not hanging the license; Copies are generally used to go out for business, such as:

Apply for bank account opening permits, enterprise organization certificates, tax registration certificates, contract signing, etc.

Yes. With the full implementation of the Labor Contract Law, the labor contract has become very important for employees.

An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

According to the first paragraph of Article 16 of the Labor Law of the People's Republic of China (hereinafter referred to as the "Labor Law"), a labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. According to this agreement, the worker joins an enterprise, individual economic organization, public institution, state organ, social organization and other employers, becomes a member of the unit, undertakes certain types of work, positions or duties, and abides by the internal labor rules and other rules and regulations of the employer; The employer shall arrange the work of the hired worker in a timely manner and pay the worker according to the quantity and quality of the work provided by the worker.

Legal analysis: The legal representative is on the business license. Although the name of the business license will be different for different types, it will not be a legal person.

The name on the business license of the enterprise legal person is the legal representative; The name on the sole proprietorship is the operator. There is also a situation in which the person in charge is registered, and this kind of business license is generally a branch, sole proprietorship, partnership, etc. If the legal representative of the company is changed, the change registration shall be completed.

Legal basis: Article 13 of the Company Law of the People's Republic of China The legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association of the company, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed.

Legal analysis: The legal representative of the company is not necessarily an employee of the company, and it is not necessary to sign an employment contract with the company. According to the relevant provisions of the Company Law, the legal representative of the company is the chairman, executive director or manager in accordance with the provisions of the company's articles of association, and is registered in the business license in accordance with the law.

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.

1. If the signature of the legal representative is different from that of the legal representative recorded in the business license, the legal effect of the contract shall not be affected.

2. According to the provisions of Article 490 of the Civil Code, if a contract is concluded in the form of a contract, it will have legal effect after being sealed by the unit, and whether or not the signature of the legal representative does not affect the legal effect of the contract. Article 490 of the Civil Code provides that if the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign or affix their seals. Therefore, whether the contract is formed or not has nothing to do with it.

The issue of who will perform the specific contract and who will bear the responsibility should also be clarified, so as not to damage their own interests. As long as the company seal is stamped, there is generally no problem, you can ask the other party the reason. It is advisable to negotiate changes with the other party.

Legal analysis: The contract representative is not necessarily the legal representative of the enterprise. A business can have more than one contract representative, but only one legal representative.

The legal representative is the subject of the legal act of the enterprise, and the contract signed by the legal representative has legal effect. The contract representative is the first person of the enterprise, who signs a contract with a third party on behalf of the enterprise, but its behavior needs to be authorized by the enterprise. Legal basis:

Contract Law of the People's Republic of China Article 10 A legal person may appoint a representative to conclude a contract, and may also authorize the person in charge of its branch or business site to conclude a contract related to the branch or business place. Article 31: Representatives of legal persons have the right to conclude or modify civil juristic acts of legal persons; A legal person bears civil liability for the civil juristic acts of a legal person that the representative enters into or modifies the legal person. Article 153:Contracts that legal persons shall conclude with lawful civil entities within the scope of their business are legally binding on the legal person and the parties to the contract.

The employment contract of a legal person is not required to be signed by the person. The legal representative of an employer in China may also entrust another person to sign a labor contract with the employee, but there must be clear entrustment procedures. Since China recognizes de facto labor relations, defects in the signing of contracts sometimes do not affect the final confirmation of labor relations, but standardizing the signing of labor contracts will be more conducive to safeguarding the rights and interests of employees.

1. Does the labor contract of a legal person have to be signed by the person?

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.

The labor contract shall be signed by the legal representative of the employer and the employee himself, and the official seal of the employer (legal person seal) shall be affixed to the labor contract. The legal representative of the employer may also entrust another person to sign an employment contract with the employee, but there must be clear entrustment procedures.

Since China recognizes de facto labor relations, defects in the signing of contracts sometimes do not affect the final confirmation of labor relations, but standardizing the signing of labor contracts will be more conducive to safeguarding the rights and interests of employees.

According to the provisions of China's "Labor Contract Law" and "Labor Law", China's labor contract does not have to be signed by the legal representative, but can also be signed by the legal representative's entrustment.

2. The 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.

In the signing of the labor contract, it is not necessary for the legal person to sign, mainly to see whether the contract has the seal of the unit. At the same time, it is also necessary to check whether the contract has the necessary clauses mentioned above. After the employer and the employee reach an agreement, the labor contract will be signed, and once the contract is signed, it will have legal effect.

When signing the contract, the employee must carefully check the content of the contract and the signature and seal.