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It is not necessary to sign a labor contract for three days after entering the factory, and it is legal for the worker and the employer to establish a labor relationship, and the worker and the employer only need to sign a written labor contract within one month.
Labor Contract Law
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 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 17 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.
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To establish an employment relationship, it is necessary to sign an employment contract.
However, as long as the employment contract is signed within one month from the date of recruitment, it is in accordance with the law.
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Legal analysis: If you cannot leave directly, you need to submit a written notice of resignation three days in advance during the probationary period. If you leave directly, the company can deal with it in accordance with the provisions of the contract, and you may be required to pay liquidated damages, which may affect the next new job.
Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China The Lloyd's Register may terminate the labor contract by notifying the employer in writing 30 days before the approval. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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Within one month of the new employee's employment, the employer shall sign a labor contract with the employee. According to the regulations of the labor and social security department, employees must sign a labor contract from the date of entering the probationary period of the enterprise, which is also a guarantee for employees. So the sooner you sign a contract, the better it will be for employees who are determined to work hard.
The employer has the obligation to sign a labor contract with the employee.
1. How long does it take for an employee to sign a labor contract when he or she enters the company?
After the employee joins the company, he or she shall sign a labor contract within one month. 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, the employer shall pay the employee twice the monthly wage.
2. Sign the labor contract within one month after joining the company?
If the employer fails to sign a labor contract with the employee for more than one month, the employee may request the employer to pay double the salary of the unsigned labor contract from the second month (starting from the second month of employment, up to a maximum of 11 months), and the labor arbitration statute of limitations is one year from the date of the employee's resignation.
3. How long does it take for a new employee to sign a contract after joining the company.
The company shall sign an employment contract within one month of the employee's employment. Chinese law clearly stipulates that if an employment 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 as early as possible from the date of employment.
Article 5 of the Labor Contract Law of the People's Republic of China The labor administrative departments of the people's governments at or above the county level, together with representatives of trade unions and enterprises, shall establish and improve a tripartite mechanism for coordinating labor relations and jointly study and solve major issues related to labor relations.
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The analysis of the above issues is as follows: The labor contract must be signed within one month, and the labor relationship cannot be terminated. Mr. Chen:
The company shall sign a written labor contract with the employee within one month from the employee's employment, and if there is no written labor contract, the employee shall be paid double wages from the second month. Relevant Knowledge - Characteristics of Labor Contracts In addition to the common characteristics of the contract, the labor contract also has the following unique characteristics: (1) The subject of the labor contract is specific.
One side is laborers, that is, Chinese, foreigners and stateless persons with labor rights and labor behavior; The other party is the employer, that is, the enterprise, individual economic organization, public institution, state organ, social organization and other employers that have the right and ability to use labor. In the process of realizing labor, both parties have a subordinate relationship of domination and domination, leadership and obedience. (2) The content of the labor contract has the unity and correspondence of labor rights and obligations.
There is no one who only enjoys labor rights but does not perform labor obligations, and there is no one who only fulfills labor obligations but does not enjoy labor rights. The labor rights of one party are the labor obligations of the other and vice versa. (3) The object of the labor contract is singular, that is, the labor behavior.
4) The labor contract has the characteristics of promise, paid and dual contract. When the employee and the employer reach an agreement on the terms and conditions of the employment contract, the employment contract is established. Employers pay labor remuneration according to the quantity and quality of labor performed by employees, and cannot use labor without compensation.
Both the employee and the employer enjoy certain rights and fulfill the corresponding obligations. (5) Labor contracts often involve the material interests of a third party. The employment contract must have social insurance clauses, and the parties to the employment contract can also clearly stipulate the relevant welfare clauses in the employment contract, and these clauses often involve the material benefits of a third party.
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