Is the re signed labor contract valid Is the labor contract signed on behalf of the labor contract v

Nowadays, many workers have a question, is the re-signed labor contract valid? First of all, as long as the re-signed labor contract does not violate the mandatory provisions of the law, it is legal and valid. Secondly, the company and the employee shall sign a supplementary labor contract, and the contract shall specify that the term of the labor contract shall commence from the date of establishment of the employment relationship between the two parties.

Although the company has not signed a written labor contract with the employee within one month from the date of establishment of the labor relationship between the two parties, in the supplementary contract, the term of the labor contract agreed by the two parties shall start from the date of establishment of the labor relationship between the two parties, and the act shall be regarded as a labor contract signed by the labor contract by mutual agreement, and the rights and obligations shall also apply to the duration of the labor relationship before the labor contract is signed. Moreover, the retrospective recognition makes the existence of the labor relationship before the parties sign the labor contract also subject to the rights and obligations stipulated in the labor contract. Therefore, the company will not be liable to pay the employee double the difference in wages.

Therefore, it is best to negotiate with the employer when signing the labor contract. Legal basis: Article 7 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall establish an employment relationship with an employee from the date of employment.

The employer shall establish a roster of employees for future reference. Article 82 of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. 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.

Legal analysis: An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and clarifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

In accordance with the principle of equality, voluntariness, consensus, and consensus, the labor contract may be re-signed. Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China Article 10 A written labor contract shall be concluded in a timely manner when a labor relationship is established.

If a labor relationship has been established but 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.

The labor contract signed by the employer and the employee is valid as long as there are no circumstances specified in Article 26 of the Labor Contract Law. Article 26 of the Labor Contract Law stipulates that the following labor contracts are invalid or partially invalid: (1) by means of fraud, coercion or taking advantage of the danger of others, causing the other party to conclude or modify the labor contract contrary to its true intentions; (2) The employer exempts itself from statutory responsibilities and excludes the rights of workers; (3) Violating mandatory provisions of laws or administrative regulations.

If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration commission or the people's court. Therefore, as long as the re-signed labor contract does not violate the prohibition of nonsense in the Labor Contract Law, it is legal and valid.

Article 26 of the Labor Contract Law of the People's Republic of China stipulates that the following labor 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 the labor contract contrary to its true intentions; (2) The employer exempts itself from statutory responsibilities and excludes the rights of workers; (3) Violating mandatory provisions of laws or administrative regulations. If there is a dispute over the invalidity of the labor contract or the invalidity of the invalidity of the bad part, it shall be confirmed by the labor dispute arbitration institution or the people's court.