If you don t sign a contract, do you want the original certificate with the company s seal?

The Civil Procedure Law stipulates that the parties shall present the original evidence in court, if they cannot do so, and cannot explain the reasons (the reasons must be reasonable and legitimate), and the other party does not recognize it, the people's court will not accept the evidence, so the original certificate shall be issued.

Litigation is risky, there is no lawyer who dares to guarantee the result, if the result can be accurate, then the facts are clear and there is no dispute. During the litigation process, the original documents should be brought for verification in court.

Contracts that are not stamped by the company are invalid. If the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign, affix their seals or press their fingerprints.

The employee may terminate the labor contract under any of the following circumstances:

1. Failure to provide labor protection or working conditions in accordance with the labor contract;

2. Failure to pay labor remuneration in full and in a timely manner;

3. Failure to pay social insurance premiums for workers in accordance with the law;

4. The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees;

5. The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6. Other circumstances under which the employee may terminate the labor contract as stipulated by laws and administrative regulations.

Precautions for signing a contract with the company:

1. The subject of the contract should pay special attention when signing the contract; First of all, special attention should be paid to the name of the company on the business license, the name of the other party is consistent with the name on the business license of the enterprise, and the name of the sample seal of the company should be consistent with the name on the business license;

2. Generally speaking, the contract will require the signature of the legal representative of the enterprise, and the identity of the person who signed here should be confirmed, if it is not the legal representative, special attention should be paid to whether the person has a power of attorney from the company or the legal representative, and the power of attorney, the contract and the personal identity certificate should be kept together to ensure the validity of the contract.

To sum up, some contracts are not sealed, but both parties sign them, and the contract can take effect.

Legal basis]:

Article 490 of the Civil Code of the People's Republic of China.

If the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign and affix their seals or refer to the clan elders. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting. When laws and administrative regulations stipulate or the parties agree that the contract shall be concluded in written form, and the parties do not use the written form, but one party has fulfilled its main obligations and the other party accepts it, the contract shall be established.

The signature of the contract is valid at the place where it is sealed, and if the parties conclude the contract in the form of a contract, the contract shall be formed when both parties sign or affix their seals. To determine whether a contract is valid or invalid, it is mainly to see whether the content of the contract is complete, whether it complies with the provisions of the law, and whether it violates the provisions of laws and administrative regulations.

Legal basis]:

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 established when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before it is signed, sealed, or fingerprinted. When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

It is legal for the contract to be stamped with an official seal and not signed. If the parties conclude a contract in the form of a contract, it shall be established when both parties sign or affix their seals.

Legal basis] Article 32 of the Contract Law stipulates that if the parties conclude a contract in the form of a contract, the contract shall be formed when both parties sign or affix their seals.

Legal analysis: The content of the contract is legal, and the conclusion of the contract is the true intention of both parties, and the contract signed by the company is still valid without seal. The Royal Answer Law stipulates that civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid.

Legal basis: Article 146 of the Civil Code of the People's Republic of China: Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of concealed civil juristic acts with false expressions of intent is to be handled in accordance with the relevant legal provisions.

It depends on what is stipulated in the contract. Generally, it is not required to have a signature and a seal at the same time. Unless the contract clearly stipulates that the words "seal and signature of the legal representative will take effect".

Therefore, in terms of form, as long as the company's seal is generally valid, but in substance, it cannot be ruled out that the company's internal personnel collude with other personnel to affix the official seal without permission, which is proved to be true and may be found invalid.

Article 153 of the Civil Code: Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

Civil juristic acts that are contrary to public order and good customs are invalid.

Article 154:Civil juristic acts where the perpetrator maliciously colludes with their counterparts to harm the lawful rights and interests of others are invalid.

Article 155:Civil juristic acts that are invalid or revoked are not legally binding from the beginning.

Article 156:Where part of a civil juristic act is invalid, but it does not impact the effectiveness of the other parts, the other parts are still valid.

Article 157:After a civil juristic act is invalid, revoked, or determined not to be effective, the property acquired by the actor as a result of that act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions.