Is an unstamped labor contract valid, and is an unstamped labor contract valid?

An unsealed labor contract can also be deemed valid as long as it is signed by the person in charge of the unit, legal person or department. Only signing without stamping can be divided into the following two situations:

1. The legal representative of the employer is the one who signs the labor contract. The act of the legal representative can be directly regarded as the act of the employer, so the legal representative's signature on the employment contract can prove that the employment contract is valid.

2. The person in charge of the administrative or human resources management department of the employer signs the labor contract.

According to the relevant provisions of Article 49 of the Contract Law, the employees have every reason to believe that the person in charge of the administrative or human resources management department has been authorized by the employer before signing, and their words and deeds can be regarded as the expression of the true intention of the employer.

Therefore, under normal circumstances, the employment contract signed by them should be deemed valid.

Legal analysis: The employer's seal is not a necessary requirement for the employment contract to take effect. In the absence of special agreement, the signature of both parties to the labor contract can indicate that the labor contract takes effect.

It is legally untenable to conclude that an employment contract has not taken effect just because it has not been stamped with an official seal.

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.

Void.

When signing a labor contract with an employee, the employer shall sign and seal the labor contract. That is, it shall be signed by the legal representative and stamped with the official seal of the enterprise. The company's failure to affix the company's official seal to the labor contract is not in accordance with the provisions of the labor law, but this problem is mainly caused by the company's fault.

If the company does not pay social insurance to you, you can terminate the labor contract with the company and ask the company to pay back the insurance and ask for financial compensation.

If the labor contract is not sealed, whether it is valid or not should be judged according to the circumstances of the sale, and if it is a labor contract, both the employer and the employee have signed. If the content of the labor contract is within the prescribed scope, then the labor contract is valid and does not need to be recorded.

Labor contracts are generally signed for a few years.

The labor contract is generally signed for about 1 to 3 years, and the company should sign a written labor contract with the employee within one month from the employee's employment, and agree on a probationary period when signing the contract. If there is no written employment contract, the employee shall be paid double wages from the second month.

[Legal basis].Article 502 of the Civil Code of the People's Republic of China.

A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.