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Paper is only a carrier, which records the contract between the two parties, and will not have no legal effect because the paper is damaged. If the employment contract does not have some necessary contents, the missing part is invalid, and the other parts are valid.
Labor Contract Law
Article 27 Where part of the labor contract is invalid and does not affect the validity of the other parts, the other parts shall remain valid.
Article 18 Where the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the worker may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.
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As long as the procedures and contents of the signed labor contract are legal, it will have legal effect, and will not lose its validity due to damage to the page.
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1. The completeness of the relevant terms of the contract.
2. The integrity of the employer's seal, the signature of the legal representative, and the signature of the employee.
3. If there is a deficiency in 2, it cannot be proved that both parties or one party have signed (sealed) for confirmation, then it may not have legal effect. However, in general, two labor contracts are signed, and it is not a big problem to have one missing.
4. The absence of the general clauses does not affect the legal effect of the other clauses.
Hope it helps.
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As long as the content of the employment contract, especially the key contents, is not damaged, it is still valid.
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Words or phrases that are broken but not missing are still legally valid.
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You can look up the book, I really don't understand.
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Legal Analysis: Damage to an employment contract does not affect the validity of the contract. The following employment contracts are invalid or partially invalid:
1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions; (2) The employer exempts itself from the legal responsibilities and excludes the rights of the workers; (3) Violating mandatory provisions of laws or administrative regulations.
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 3 The employer and the employee may terminate the labor contract if they reach a consensus through consultation.
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Breakage does not affect the validity of the contract.
Relevant legal knowledge.
Labor Contract Law
Article 27 Where part of the labor contract is invalid and does not affect the validity of the other parts, the other parts shall remain valid.
Article 18 Where the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the labor partner may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate the standards of labor conditions, the relevant provisions of the state shall apply.
In accordance with the Labor Contract Law.
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