Is an employment contract valid without an official seal?

The employment contract is also valid without an official seal.

First of all, although the contract is not stamped with an official seal, it must be signed by the legal representative (general manager), who has the right to conclude the contract on behalf of the company. A contract cannot be deemed invalid simply because it is not stamped with an official seal.

Second, with regard to the verification of labor contracts, China's current regulations are to "encourage verification", rather than "mandatory verification". In other words, attestation is only a form of examination and determination of the contract by the labor contract management department, and is not a necessary condition for the establishment of the labor contract, let alone used as an indication of the validity of the labor contract.

Therefore, although the contract has certain formal defects, it cannot be held invalid because of this. As long as the content of the contract is legal and there is no fraud or coercion on the part of both parties at the time of signing, it can be regarded as a valid employment contract.

Legal analysis: If the labor contract is not stamped with the official seal or signed by the legal representative of the employer, 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.

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, honesty and credibility. 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.

Generally effective. The employer's seal is not a necessary requirement for the employment contract to take effect. In the absence of special agreement, the signature of both parties to the labor contract can indicate that the labor contract takes effect.

It is legally untenable to conclude that an employment contract has not taken effect just because it has not been stamped with an official seal. In order to prevent hidden dangers, it is best for the employee to require the employer to sign and affix the official seal when signing the employment contract. Although a contract without a seal is formally defective, it does not qualify the contract as a result.

As long as the content of the contract is lawful and neither party has committed fraud or coercion at the time of signing, the arbitration institution can fully regard it as a valid employment contract.

The unit is generally stamped, and if the unit is not stamped, the real one is also valid.

An employment contract is an agreement between an employee and an employer that clarifies their respective rights and obligations after the establishment of an employment relationship, and is also an important basis for handling labor disputes after they occur. Therefore, before signing a contract, workers should have at least the following three aspects of common sense:

1. Prepare in advance. Seven days before the conclusion of the labor contract, the employer may be required to provide the text of the contract, and at the same time fully understand the content of the contract text, especially for the terms agreed upon by both parties, it should be particularly valued.

2. Grasp the content. Although it is very difficult for the public to start from the comprehensive protection of personal interests, it should be clear that the terms of the labor contract should include two parts: one is the terms stipulated by the law, including the term of the labor contract, the content of the work, the labor protection conditions, the labor remuneration, the labor discipline, the conditions for the termination of the labor contract, and the responsibility for violating the labor contract; Second, the terms that the parties deem necessary to clearly agree should be clearly stated.

3. Focus on understanding. On the basis of grasping the terms of the contract, it is also necessary to have a clear understanding of the two parts that affect one's own interests.

The first is the circumstances under which the employee can receive economic compensation and the standard of compensation for the termination of the labor contract. In this regard, the Labour Code lists seven items, which can be consulted with the Ministry of Labor.

After the labor contract is signed, the aftermath should also be actively done. Blatantly unfair contracts are easier to guard against, and even when signing more formal contracts, it is necessary to be aware of the clues to avoid being deceived.

1. The additional terms should be clearly understood. In the employment contract, there are generally some additional clauses, and the job seeker must ask the company to come up with the original text before signing, and after carefully reviewing and having no objections, it must be stamped and retained as a basis. It is necessary to carefully check whether there are any missing agreed matters or additional explanations, and those that need to be completed immediately must not be delayed.

2. Signing in person and stamping is indispensable. When a job seeker gets a contract, he or she should have the company and its person in charge sign and seal it in person with him, so as to prevent some companies from using the time they have signed successively to manipulate the contract (change the number, time, etc.). At the same time, carefully identify the official seal of the unit to see if it is consistent with the unit you are about to enter.

Because it is often found afterwards that there will be many branches, subordinate units or business departments under the same legal entity, and many workers are reluctant to enter all of them.

3. Numbers must be capitalized. After the contract is signed, some companies will seize the time gap and change the numbers on the contract to make the job seeker suffer a dumb loss, so the job seeker must use capital Chinese characters when signing the contract involving numbers.

4. The conditions and time of the contract to take effect. Some contracts require registration in order to enter into force, and the timing relates to issues such as the duration of the interest and the renewal of the contract, which require due attention.

In addition, it is necessary to pay attention to the necessary conditions and additional conditions for the contract to enter into force (e.g. visa, registration); The contract shall be at least in duplicate, and both parties shall hold one copy and keep it properly; If there is any dispute between the parties at the time of signing, it shall be resolved by legal means.

Is it valid if the labor contract is not signed and sealed?

Answer: Hello, the labor contract is invalid without the signature or seal of the employer. The contract requires the signature or seal of both parties. Signatures and seals have the same legal effect. But if it is a legal person, it is better to have a legal person seal.

Article 16 of the Labor Contract Law stipulates that a labor contract 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. The employer and the employee shall each hold one copy of the labor contract.

The company asked the question without a signature or a seal.

Question: I have been confused now, can I apply for labor arbitration?

Before the question, there has always been a meal subsidy, and now the company says that there is no meal subsidy, and we do not agree to say that the meal subsidy is canceled, so the company directly cancels it, and the seven-month labor contract has not been signed, can I also apply for labor compensation?

If the labor contract is not signed by the company, can it apply for labor arbitration?

The law stipulates that if the employer fails to conclude a labor contract for more than one month from the date of employment, the employer shall pay the employee twice the monthly salary for the failure to conclude a written labor contract. If it is not concluded within one year, it shall be deemed to have concluded an indefinite labor contract with the employee.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

A complete employment contract should be signed by both parties after both parties agree on the specific content of the contract. The employer shall affix the official seal, the company's administrative seal, the contract seal, the human resources seal, etc., to the contract, and if the legal representative does not directly sign, the specific contractor responsible for signing the labor contract shall sign. As the other party to the labor contract, the employee must sign his or her name in person to show his commitment after he has no objection to the term of the contract, the agreed position, the salary, etc.

After the company signs the labor contract, the contract text should be at least in duplicate, and the company and the employee should each hold one copy. An employment contract is also valid if it is not signed by the company, but is signed by a legal representative. Because the legal representative has the right to conclude the contract on behalf of the company, it proves the employer's recognition and consent to the employment contract.

Look at the last two articles of the labor contract, whether the seal of this contract takes effect or the seal or signature of this contract takes effect, if it is later, then the signature can also take effect. Whether an employment contract is effective or not depends mainly on whether a de facto employment relationship has occurred, that is, whether an employment relationship already exists and you have paid for the labor.

1. The labor contract needs to be signed and sealed by both parties before it takes effect, and it is not valid if the official seal is not changed.

2. In accordance with the Labor Contract Law

Article 16. 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.