Does an employment contract have to be certified to be valid?

The labor contract certification system emerged with the beginning of the labor contract system. When the labor contract system was established, it was taken into account that the people of the whole country were not familiar with the new labor system, and some problems would inevitably arise, and the labor dispute resolution mechanism was relatively lacking at that time, and the judicial solution was not deeply rooted in people's minds, so the labor contract authentication played a positive role in correcting invalid and illegal contracts, strengthening the management of labor contracts, ensuring the strict performance of contracts, and safeguarding the legitimate rights and interests of both parties to the labor contracts.

Practice has proved that when people's awareness of labor contracts and legal concepts were relatively weak at that time, labor contract authentication was a better measure for the labor department to supervise and inspect labor and employment, and to provide consulting services for enterprises and employees in terms of policies and regulations.

However, the certification of the employment contract was not mandatory from the outset. At that time, in order to ensure the legitimate rights and interests of workers, the labor department publicized the certification of labor contracts relatively strongly, so that many enterprises and workers believed that labor contracts were invalid without verification, resulting in some such misunderstandings that have been circulated to this day. The fact is that an employment contract is valid without authentication, but an authenticated employment contract avoids the embarrassment of invalidating the terms of the contract due to violation of the mandatory provisions of labor laws and regulations.

If an attested contract and an uncertified contract are put together, the effect is exactly the same.

With the development of society and the extensive implementation of the labor contract system, on the one hand, people's legal awareness is getting higher and higher, more and more people understand labor laws and regulations, know how to protect their rights and interests through judicial means, and more and more people know the superiority and feasibility of judicial dispute resolution; On the other hand, legal services in modern society are becoming more and more perfect, people can obtain legal services through various channels, and the legality of labor contracts can be examined by other service agencies. Under such circumstances, the labor department to review the legality of the labor contract one by one in advance is a waste of manpower and time of the labor department, and it does not have enough strength to do this work. In this way, the verification of the employment contract is in a dilemma.

At present, some economically developed regions have begun to gradually abandon the system of labor contract verification, and some places still retain this system in order to take into account the underdeveloped areas, but the general trend is that labor contract certification has gradually faded out of the function of the labor department. It should be noted that the validity of an employment contract without attestation does not affect its validity.

Labor certification is the proof that the employer and the employee have formed an employment relationship, and it is filed with the labor department; In the process of labor inspection, the labor department can safeguard the legitimate rights and interests of the employer and the employee on the basis of the certificate of labor relationship. Authentication of an employment contract is not a necessary condition for the validity of an employment contract, so it is not necessary. There is no mandatory requirement in the law to require certification.

The labor contract is only valid after it has been reviewed by the labor department. The subject of an employment contract consists of a specific employer and an employee.

One of the parties to the labor contract is an enterprise, public institution, organization or other employer. The other party is the worker himself; Both parties to the employment contract must have the qualifications of the subject of the contract. The employer must have the status of a legal person, and the private enterprise must have the main citizenship; Workers must have the ability to work and labor rights.

Workers must be at least 16 years old, in good health, have a junior high school education or above, and perform well in reality; When state-owned enterprises recruit workers, they must be within the national labor and employment plan and apply to the local labor department for the recruitment of workers.

The draft labor contract is generally proposed by the employer after soliciting the opinions of the recruited employee; It can also be drafted by the appointee and the administrative representatives of the enterprise, such as factory directors, managers, personnel departments, section chiefs, etc. Before signing the labor contract, the employer shall truthfully introduce its own situation to the employee, and the employee shall also have the right to put forward his or her own opinions and requirements. After reaching an agreement through full consultation, both parties shall fill in the labor contract with a brush or pen and sign and seal.

After signing the labor contract, it shall apply to the local labor administrative authority for verification and file with the competent department and the local labor department. According to the current regulations, if the labor contract does not need to be stamped by the appraisal agency, it can be signed by both parties.

Article 6 of Article 10 of the Labor Contract Law stipulates that a labor contract shall come into force after the employer and the employee reach an agreement through consultation and sign or seal the text of the labor contract. Does an employment contract have to be certified? Does the labor contract signed between the enterprise and the individual employee have to be certified by the labor administrative department and does not violate national laws and relevant policies?

Is the contract legally binding if it is not verified?

The current labor contract still needs to be verified, which can also play a role in protecting oneself, and it is more secure in the event of an accident in the future.

Of course, it is needed, because there are loopholes in many labor contracts, so we should verify that this auspicious mu will not bring unnecessary trouble to ourselves.

Generally, it is not required, because this contract can be effective if two people agree to seal it, and they all follow voluntary equality.

It is still necessary, and the labor contract must have an official seal on it in order to have legal benefits, and then the legitimate rights and interests of employees can be protected.

Nowadays, there is no need to verify the signing of an employment contract, because the current employment contract does not have so many provisions and does not have so many restrictions.

1. Where can I sign a labor contract for verification? Labor contract authentication refers to an administrative supervision measure for the labor administrative department to review and prove the authenticity and legitimacy of the labor contract, and the labor administrative department encourages and advocates the employer and the employee to carry out the labor contract verification. The labor administrative department is the attestation authority of the labor contract.

Labor administrative departments at all levels shall assign special personnel to be responsible for the verification of labor contracts. The specific work of labor contract verification shall be undertaken by the labor administrative department at the place where the contract is signed or performed. After the labor contract is signed, both parties shall personally submit an oral or written application to the labor contract attestation authority.

The employer may be entrusted by the legal representative to appoint an authorized person, such as the labor office, section chief or other staff, but it must be a power of attorney to clarify the scope of authorization. 2. What materials are required to apply for a labor contract visa? The parties applying for the certification of the labor contract shall provide the following materials to the attestation authority:

1. Labor contract and its copy; 2. Business license or copy; 3. Qualification certificate of the legal representative or the entrusted person; 4. ID card or household registration certificate of the recruited worker; 5. Academic certificates, physical examination certificates and labor handbooks of the recruited personnel; 6. Other relevant supporting materials. 3. What content does the assurance authority review? The appraisal personnel of the attestation authority shall examine and verify the labor contract and relevant supporting materials provided by the parties in accordance with the statutory content of the attestation.

In the process of verification of an employment contract, if the attestator considers the authentication materials provided by both parties to be incomplete or in doubt, he or she shall require the parties to make necessary supplements or verify with the relevant units; The attestator has the right to ask both parties on issues related to the content of the labor contract; If the content of the labor contract is illegal or untrue, the attestator shall immediately submit a correction to the parties: if the parties consider that the handling of the attestators is improper, they may appeal to the labor administrative organ where the appraiser is located and request to deal with it. The applicant for the verification of the labor contract shall pay the certification fee to the certification authority in accordance with the relevant regulations.

To sum up, after the employer and the employee sign the labor contract, they should bring the original contract to the labor administrative department for verification, that is, to the local labor bureau. Through verification, the problems existing in the labor contract can be discovered, the integrity of the labor contract clauses can be guaranteed, and the validity of the contract can also be enhanced. The labor administrative department mainly reviews the subject, form, and content of the contract.

The employment contract is only valid after being certified by the labor department.

1. The main body of the labor contract is composed of both the specific employer and the employee. One of the parties to the labor contract is the employer, such as an enterprise, institution, agency, organization, etc., and the other party is the employee himself;

2. Both parties to the labor contract must have the qualifications of the subject of the contract. Employers must have legal personality, and private enterprises must mainly have citizenship; The worker must have the capacity for labor conduct and labor rights. Workers must be at least 16 years old, in good health, have a junior high school education or above, and have good performance;

3. The recruitment of employees by state-owned enterprises must be within the labor and employment plan indicators issued by the state, and go through the procedures for hiring employees with the local labor department.

4. The draft labor contract is generally proposed by the employer and solicits the opinions of the recruited workers; It can also be drafted by the recruited workers and the representatives of the enterprise administration, such as factory directors, managers, personnel departments, section chiefs, etc., through direct consultation.

5. Before signing the labor contract, the employer should truthfully introduce the situation of the unit to the recruited workers, and the recruited workers also have the right to put forward their own opinions and requirements.

6. After the labor contract is signed, it shall apply to the local labor administrative organ for verification and file it with the competent department and the local labor department.

The company's refusal to sign contracts for employees violates the provisions of the law.

The company does not sign a written labor contract with the employee, which violates Article 10 of the Labor Contract Law of the People's Republic of China, which is an infringement of the rights and interests of the employee, and the employee can file a complaint with the labor inspection department or initiate labor arbitration.

Article 10 of the Labor Contract Law stipulates that "a written labor contract shall be concluded to establish an employment relationship. 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. According to Article 82 of the Labor Contract Law, "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 the company fails to sign a written labor contract with the employee in accordance with the law, it shall pay the employee twice the monthly salary.