Entering into a contract with another person without the consent of the company

It is an act of superficial appearance, which refers to the act of the actor who, although he does not have the right to do so, has caused the appearance that the bona fide third party has the right to believe that he or she has the right to appear to be the relevant newspaper, and the act is carried out with a bona fide third party and the person is subjected to legal consequences. 2.The contract is valid, and Article 49 of the Contract Law stipulates that "if the actor does not have the right, exceeds the right, or enters into a contract in the name of the person subject to the contract after the termination of the right, and the counterparty has reason to believe that the actor has the right, the act is valid."

That is, it is superficial**. The legal consequences arising from the appearance of ** are the same as those of the right to **, and they are borne by the person being **. 3.

The person shall be liable for civil compensation to the person being subjected. If the person being sustained bears civil liability due to the establishment of the appearance, and therefore causes losses to the person, the person has the right to request the person without the right to give corresponding compensation according to the law according to whether there is a trust relationship with the person, whether the person exceeds the right and whether the right has been terminated, as well as the fault of the person without the right. The person who has no right shall compensate for the losses caused to the person being **. Wish.

Legal analysis: on the issue of whether the contract signed by the employee with the official seal of the private unit is valid, the key is to see whether the other person has reason to believe that the employee has the right to sign a contract with the employee, if the other person has reason to believe that the employee has the right to sign a contract with him, the company should bear civil liability for the employee's behavior. If others have no reason to believe that the employee has the right to sign a contract with him, then it is necessary to get the company's recognition, otherwise the act is invalid.

Legal basis: "Civil Code of the People's Republic of China" Article 172: Where the actor does not have the right to do so, exceeds the right to do so, or after the right is terminated, he still carries out the act, and the counterpart has reason to believe that the actor has the right to do so, the act is valid.

Contracts signed without the consent of shareholders are valid. The contract shall have legal effect if it meets the conditions that the parties to the contract have the capacity for civil conduct, the expression of intent is genuine, and the content does not violate the mandatory provisions of the law and does not violate public order and good customs. If the contract damages the legitimate rights and interests of the shareholders, the shareholders can claim compensation for the corresponding losses.

Article 3 of the Company Law of the People's Republic of China A company is an enterprise legal person, has independent legal person property, and enjoys the property rights of a legal person. The company is liable for the debts of the company with all its property. The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

Article 143 of the Civil Code, which came into effect on January 1, 2021, is valid for civil juristic acts that meet the following conditions: (1) The actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

If signed by the chairman of the board of directors and the general manager, according to the content of the contract, some can act on behalf of the company; Others are generally not recognized, and both parties to the contract are responsible.

The responsibility should be the responsibility of the contractor, and if it is formed, the company is responsible.

The company is responsible, but the company can pursue the person who signed the contract without permission. This is non-negotiable.

Can this contract be valid? You signed the contract in the name of the company, but it was only your own signature, and you should not have used the company's contract seal. You are responsible for this estimate.

According to your statement, only relatively theoretical conclusions can be drawn:

1. If the employee uses the company's official seal to sign a contract with the other party, and the other party is in good faith (that is, the other party does not know that the employee does not have the right to sign the contract), the other party has reason to believe that the employee has the right to sign the contract according to the company's official seal, etc., it may constitute a superficial **, the contract is valid, and the company should bear the rights and obligations of the contract. Employees will be held accountable for unauthorized use of the official seal.

2. If the employee does not use the company's official seal and does not have any other authorization documents, the validity of the contract is pending and has not been recognized by the company, the contract will not be effective for the company, and the employee shall be personally responsible.

3. The final conclusion needs to be further judged according to the actual situation.

If you have signed the employment contract and there is no clause that invalidates the employment contract by fraud, coercion, etc., the employment contract is legal and valid, and you cannot claim that you have not signed the employment contract, nor can you claim double wages for this. Hopefully, our reply will solve your queries.

Illegal!

According to Article 16 of the Labor Contract Law, an employment contract shall be concluded by mutual agreement between the employer and the employee, and shall be signed and sealed by both parties to take effect. An employer cannot conclude a labor contract without the consent of the employee, nor can it conclude a labor contract. However, it is not allowed to be ordered by another person authorized by the employee.

If the employee has signed the labor contract and there is no clause that invalidates the labor contract by fraud or coercion, it is not a situation where the employer has entered into the labor contract without authorization, and the two parties shall be deemed to have reached an agreement to conclude the labor contract.

Labor Contract Law

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.

It is a violation of the Labor Contract Law.

Labor Contract Law Article 91 Where an employer recruits a worker whose labor contract has not been terminated or terminated by another employer, and causes losses to the other employer, it shall be jointly and severally liable for compensation.

The problem is unknown. Whether it's a job hop or a business transaction contract.

Your question is too vague, I haven't made it clear what the contract is, I guess it's a labor contract, it depends on what the labor relationship with the original company is, whether there is a confidentiality clause, etc., if the contract with other companies is not harmful to the original company, it's nothing.