Can a letter of appointment replace an employment contract, and can a letter of appointment replace

The letter of appointment is not a substitute for an employment contract, and the letter of appointment only represents the employment of the employee. The letter of appointment does not contain the main content of the employment contract.

The Labor Contract Law stipulates that an employment contract shall have the following provisions:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

A letter of appointment is not a substitute for an employment contract.

According to Article 10 of the Labor Contract Law, "a written labor contract shall be concluded in a timely manner if an employment 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 establishment of an employment contract requires three steps: offer, acceptance, and signing. The letter of appointment is only an offer, i.e., an invitation issued by the employer to the employee, which is a unilateral expression of the employer's intention to establish an employment relationship with the employee, i.e., an offer, and the employee's acceptance of the invitation is a commitment, and the employer and the employee should further sign the labor contract accordingly, i.e., sign the contract.

However, the content of the letter of appointment cannot have the necessary terms of the employment contract, and if it is not fixed in the form of a contract, there is no basis for rights protection in the event of a dispute. In addition, the law stipulates that a written labor contract must be concluded to establish an employment relationship. Therefore, a letter of appointment is not a substitute for a written employment contract.

Legal analysis: The letter of appointment cannot replace the employment contract, and the letter of appointment only represents the employment of the employee. The letter of appointment does not contain the main content of the employment contract.

Legal basis: Article 17 of the Labor Contract Law of the People's Republic of China The labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employing unit;

2) The worker's name, address, and resident ID card or other valid ID card number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

A letter of appointment is not equivalent to a written employment contract. The establishment of an employment contract requires three steps: offer, acceptance, and signing. In essence, the letter of appointment is only an offer, that is, an invitation issued by the employer to the employee, which is a unilateral expression of the employer's intention to establish an employment relationship with the employee, that is, an offer, and the employee's acceptance means a commitment, and the employer and the employee should further sign a labor contract accordingly.

1. What is the difference between an offer and an invitation to offer?

The difference between an offer and an invitation to make an offer is as follows:

1. The effective offer is legally binding on the parties, and the invitation to make an offer is a factual act;

2. The offer includes the main terms of the contract, and the invitation to offer does not include the main terms of the contract.

According to Article 472 of the Civil Code of the People's Republic of China implemented in 2021, an offer is an expression of intent to enter into a contract with another person, and the following conditions shall be met:

1) Specifically determine the content;

2) Indicates that the offeree is committed and the offeror is bound by the expression of intent;

3. Paragraph 1 of Article 473 stipulates that an invitation to make an offer means that one wants others to make an offer to oneself. Auction announcements, tender announcements, prospectuses, bond raising methods, prospectuses, commercial advertisements and publicity, price lists, etc.

2. Is the price list an offer?

The price list is not an offer, it is an invitation to make an offer. An offer is an expression of intent to enter into a contract with someone else. It is an expression of intent from one party to the other party to conclude a contract with the other party.

An invitation to make an offer is an expression of intent that you want others to make an offer to you. The invitation to make an offer can only be validly formed after the counterparty has made an offer and then through its own commitment.

3. What are the constituent elements of an offer.

There are four elements to the Offer:

a) An offer is the intention of a particular party to a contract. The purpose of making an offer is to enter into a contract, and the offeror must let the other party who accepts the offer know who made the offer in order to make the acceptance. Therefore, the person making the offer must be able to identify and concretize.

b) The offer must be made to the other party with whom the offeror wishes to enter into a contract. A contract is formed as a result of the other party's commitment to the offer, so the offer cannot be made to a third party other than the other party with whom the contract is to be signed.

c) The offer must have the purpose of contracting and indicate that the acceptance is bound by that intention.

d) The content of the offer must meet sufficient primary conditions for the formation of a contract. The content of the offer must be determined and complete.

Article 16 of the Labor Contract Law stipulates that a labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

The letter of appointment is not a substitute for an employment contract, and the letter of appointment only represents the employment of the employee. The letter of appointment does not contain the main content of the employment contract.

1. Is the confidentiality agreement of the labor contract not valid?

If one of the parties to the employment contract breaches the contract, the confidentiality agreement signed in accordance with the law is still valid. Although a confidentiality agreement is subordinate to an employment relationship, it can be concluded separately. For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the worker in the labor contract or confidentiality agreement.

However, if the employer has only entered into a confidentiality agreement, and the confidentiality agreement does not contain the basic content of the labor contract, it shall conclude a written labor contract in a timely manner within one month.

2. Whether the labor contract signed without a degree certificate and graduation certificate is invalid.

Once the graduation certificate is obtained, the employer must sign a labor contract with the employee and start paying social security in accordance with the requirements of the Labor Contract Law.

3. Labor contract for truck drivers.

In fact, the employment contract itself is an employment contract, which may be in different forms, but its content should also be in accordance with the labor law. If it doesn't, the non-compliant part is invalid, and if it doesn't meet all, it's invalid. But labor relations still exist. Doesn't serve the purpose you said you were asking for.

The employment contract signed by the enterprise is the labor contract, and the employment contract signed by the government agency and public institution is not a labor contract regulated by the Labor Law.

To sum up, it can be seen that the general employment contract is an employment contract, but there are some differences in form. However, even if an employment contract is signed between the employer and the employee, the provisions of the law must be complied with, otherwise the contract will be deemed invalid. Of course, if the employer does not sign an employment contract or labor contract with the employee within the prescribed time, it will also have to bear the adverse consequences at this time.

Article 17 of the Labor Contract Law stipulates that an employment contract shall have the following provisions:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

The letter of appointment has elements of an employment contract and can be used as an employment contract. The content of the employment contract includes the identity information of both parties; the duration of the employment contract; the content of the work and the place of work; working hours, rest and leave; remuneration for labor; social insurance and other provisions.

Legal basis: Article 17 of the Labor Contract Law of the People's Republic of China The first paragraph of the labor contract shall have the following provisions: (1) the name of the employer, the legal representative or the person mainly responsible for the trousers; 2) The worker's name, address, and resident ID card or other valid identification number; 3) The term of the labor contract; 4) The content of the work and the place of work; 5) Working hours, rest and vacation; 6) Labor remuneration; 7) Social insurance; 8) Labor protection, working conditions and protection against occupational hazards; 9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

Summary. Hello dear, the letter of appointment cannot replace the labor contract. A letter of appointment is a written proof that an employer has granted an employee a certain position or title, not an employment contract.

Although the letter of appointment is also a written form, it does not have the legal force of an employment contract. According to the legal provisions: Article 11 of the Labor Contract Law of the People's Republic of China:

The employment contract between the employer and the employee shall be in written form. Among them, the labor contract shall contain the following matters: ......Article 12 provides:

The employer shall issue a labor contract to the employee, and shall go through the formalities such as social security within 15 days from the date of employment of the employee. ”

Can a letter of appointment replace an employment contract?

Hello dear, the letter of appointment cannot replace the labor contract. A letter of appointment is a written proof that an employer has granted an employee a certain position or title, not an employment contract. Although the letter of appointment is also a written form of disturbing sails, it does not have the legal force of an employment contract.

According to the legal provisions: Article 11 of the Contract Law of the People's Republic of China on Labor Delay and Hail Stimulation stipulates that "the labor contract between an employer and an employee shall be in written form.

Among them, the labor lead field contract shall specify the following matters: ......Article 12 stipulates that "the employer shall issue a labor contract to the employee, and shall go through the formalities such as social security within 15 days from the date of employment of the employee."

The labor contract is an important legal document to protect the rights and interests of employees, and it has a legally binding force and can protect the rights and interests of employees. Therefore, the employer should sign an employment contract with the employee, rather than a letter of appointment, to protect the rights and interests of both parties.