How Does A Labor Contract Come Into Force?

The sixteenth labor contract shall be agreed by the employer and the laborer, and shall be signed or sealed by the employer and the laborer in the labor contract text.

The employer and worker shall hold one copy of the labor contract text.

This article is about

I. the meaning of the labor contract's entry into force

The entry into force of a labor contract means that the labor contract with effective elements has legal effect according to the content of its intention, and the content of this labor contract is legally binding on both parties.

The establishment of a labor contract means the establishment of a labor contract relationship between an employer and an employee.

The two parties sign or seal the labor contract on behalf of the labor contract, but the establishment of the labor contract does not mean that the contract is effective.

If the two parties make a special agreement on the time limit or condition for the effective operation in the labor contract according to the specific needs, the labor contract will become effective once the term or condition stipulated by the parties is established.

Two. Conditions for the entry into force of a labor contract

There must be some conditions for the legal effect of a labor contract. These conditions include:

(1) the parties to a labor contract must have a statutory qualification; the ability to perform is a qualification for signing any labor contract legally recognized by any party.

For the simplest example, a 10 year old child does not have the ability to sign a labor contract with a unit because a legal 10 year old child simply can not understand the real meaning of signing a labor contract.

Usually, people who are over 16 and have normal mental health are capable of signing labor contracts.

(two) the content and form of the labor contract must be lawful, and must not violate the mandatory provisions of the law or social public interests.

The so-called mandatory provisions are parties' rights and obligations that cannot be stipulated by the parties.

If the nineteenth provision of this Law stipulates that the term of a labor contract for more than three months is less than one year, the probation period shall not exceed one month.

In this case, even if the two parties have agreed to a probationary period of more than one month in the contract, it is also against the law, and this clause will be regarded as invalid.

(three) the labor contract shall be concluded by consensus between the employer and the laborer.

The parties to a labor contract must express their intention. Any labor contract signed by the other party by means of fraud or coercion is invalid.

Three. The labor contract shall be held by the employer and the laborer separately.

Labor contract is the legal basis for the establishment of labor relations between laborers and employers. It is the basic form for both parties to clarify their rights and obligations, and is also the most direct evidence for workers to safeguard their legitimate rights and interests.

In real life, many employers refuse to return laborers belonging to the laborers for various reasons, which directly infringes upon the legitimate rights and interests of workers.

Because labor contracts generally define the terms of the labor contract, work content, working hours, labor remuneration, social insurance, and stipulations such as conservative business secrets or competition restrictions. This is also the basis and proof for laborers to fulfill their labor relations with employers.

If there is no strong proof in the hands of laborers, once the labor dispute occurs with the employing units, the workers are in the adverse position of proof, and their legitimate rights and interests are easily violated.

Therefore, this Law stipulates that each employer and worker shall hold one copy of the labor contract text.

The fifth article of the notice of the Ministry of labor on Several Issues concerning the implementation of the labor contract system states: "a labor contract can stipulate the effective time of a contract.

If no labor contract is effective, the date of signing the contract shall be deemed to be the effective time of the labor contract.

"In most cases, the establishment and entry into force of a labor contract are simultaneous.

The labor contract stipulated in this article shall be negotiated by the employer and the laborer through consultation, and signed by the employer and the laborer on the labor contract text or the seal becomes effective. That means that when the labor contract does not stipulate the effective time of the labor contract, the labor contract shall come into force when the employer and employee sign or seal the labor contract text.

If the time of signature or seal is not consistent, the time for signing or sealing the last party shall prevail.

If one party does not write the time for signature, then the other party's time to sign the contract is the effective time of the contract.

The parties to a labor contract shall perform their labor contracts in accordance with the initial time stipulated in the contract.

Sometimes the starting time of the labor contract is inconsistent with the starting time of the actual performance, and it should be confirmed according to the actual time of the two parties' performance of the labor contract.

Other agreements made by the parties to the labor contract's entry into force shall not violate the provisions of laws and regulations.

There are two points to note in the invalidation of labor contract: first, part of the labor contract is invalid, and other parts will not be affected. Other parts are still valid.

Second, the invalidity or partial invalidity of a labor contract shall be confirmed by a labor dispute arbitration institution or a people's court.

This is often ignored.

Because ordinary people's understanding of the reason for invalidation will be deviated, the right of the law to confirm invalid will be limited to arbitration and litigation, so as to protect the legitimate rights and interests of both parties of the labor contract.