Do finance staff need a signing agreement or a letter of guarantee in addition to the contract?

If a financial staff member is hired, the unit cannot require him to provide a letter of guarantee, seize his ID card and other documents.

Labor Contract Law

Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, nor shall it require the worker to provide a guarantee or collect property from the worker in any other name.

The guarantee contract does not seem to be emphasized in the Contract Law, but the cashier is dealing with cash, this is just a piece of paper for the employer, it is okay to say that he is useful, it is useless to say that it is useless or useless, it mainly depends on the professional ethics of the practitioner, of course, if there are obvious unequal clauses in this contract, it must be signed carefully.

Cashiers mainly deal with cash and bank deposits, and accidents will inevitably occur when they come into contact with money, which is not only for the company, but also for you to play a regulatory role. Nothing to fear!

The 2008 Labor Contract Law does not clearly stipulate whether a cashier needs to sign a guarantee contract, which means that signing a guarantee contract is not illegal for the employer.

If the contract is illegal, the Labor Contract Law stipulates that if the contract is illegal, it will not have legal effect from the date of signing the contract, and of course it will not take effect. If you really sign the contract, in case something goes wrong, it depends on whether the content of the contract complies with the provisions of laws and regulations, if it does not meet the requirements, the contract will naturally be invalid, and you will not be liable.

If the contract is partially in accordance with the law, then you will be liable for the part of the party. If the contract is all in accordance with the law, then you will have to bear the responsibilities agreed in the contract.

Because the cashier position involves a large amount of cash and negotiable tickets, many units require guarantees when recruiting cashiers. However, the guarantee needs to perform the necessary guarantee procedures and sign a guarantee contract or agreement. A copy of the real estate certificate, no matter what you write on the record, does not have the nature of guarantee, writing the restriction can restrict your unit from using the property for other purposes, but it does not have any guarantee effect on your work, if the unit needs, write the restriction content to provide it with no defense.

Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these chain states of insurance"pits"

If the financial company has the ability to repay debts, the financial company may issue a letter of guarantee, and after the letter of guarantee takes effect, the financial company shall bear the guarantee liability.

Civil Code of the People's Republic of China

Article 681:[Definition of Guarantee Contract]A guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or assume responsibility when the debtor fails to perform the due debt or when the circumstances agreed upon by the parties occur.

Article 683: [Scope of Entities Not Allowed to Serve as Guarantors] Organ legal persons must not be guarantors, except for those who have been approved to use loans from foreign countries or international economic organizations for on-lending.

Non-profit legal persons and unincorporated organizations for the purpose of the public interest must not be guarantors.

1. Guarantee the subordination of the contract and the allocation of responsibilities after it is confirmed to be invalid.

Article 681 of the Civil Code of the People's Republic of China: A guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or assume responsibility when the debtor fails to perform the due debt or the circumstances agreed by the parties occur.

Article 682: The guarantee contract is a subordinate contract of the main creditor's rights and debts. Where the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, except as otherwise provided by law.

After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault.

Article 683: A government agency legal person shall not be a guarantor, except for those who have been approved to use a loan from a foreign country or an international economic organization for on-lending.

Non-profit legal persons and unincorporated organizations for the purpose of the public interest must not be guarantors.

2. Whether the guarantee for another person can be revoked.

The third party provides the debtor with a debt guarantee, and after signing the guarantee contract, if the creditor agrees, the guarantee may be withdrawn. If the creditor does not agree, it cannot be revoked. However, if the main debt is invalid or there is a fraudulent guarantee, the guarantor shall not bear the liability for the guarantee.

Civil Code of the People's Republic of China

Article 148:[Effect of Civil Juristic Acts Carried Out by Fraudulent Means]Where one party uses fraudulent means to cause the other party to carry out civil juristic acts contrary to their true intentions, the defrauded party has the right to request that the people's court or arbitration institution revoke them.

Article 681:[Definition of Guarantee Contract]A guarantee contract is a contract in which the guarantor and the creditor agree that when the debtor fails to perform the due debt or a situation agreed upon by the parties occurs, the guarantor and the creditor will perform the debt or assume responsibility.

Legal analysis: Guarantee is generally required to make payment, but the law does not mandate it, so the company generally needs to stipulate it itself.

Legal basis]:

Labor Law of the People's Republic of China Article 3 Workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to receive labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

If the company wants to provide a guarantee for others, it shall be resolved by the board of directors or the shareholders' meeting or the general meeting of shareholders in accordance with the provisions of the articles of association.

Article 16 of the Company Law Prohibits the sale of jujube sales If a company invests in other enterprises or provides guarantees for others, it shall be resolved by the board of directors or the shareholders' meeting or the general meeting of shareholders in accordance with the provisions of the articles of association; Where the articles of association of the company stipulate a limit on the total amount of investment or guarantee and the amount of a single investment or guarantee, it shall not exceed the prescribed limit. If a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the general meeting of shareholders. The shareholders provided for in the preceding paragraph, or the shareholders who are under the control of the actual controller provided for in the preceding paragraph, must not participate in the voting on the matters provided for in the preceding paragraph.

The vote is passed by a majority of the voting rights held by the other shareholders present at the meeting.