Does The Labor Contract Without Official Seal Become Effective?

If there is no company seal in the labor contract, will the contract come into force?

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"The sixteenth article stipulates:" the 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. "

Thus, the employer's seal is not an essential requirement for the labor contract to enter into force.

In the absence of a special agreement, the parties to the labor contract sign that the labor contract will come into effect.

The labor contract is not recognized only by the official seal.

It is untenable in law.

In order to prevent hidden danger, when a laborer signs a labor contract, it is better to require the employer to sign and seal the official seal.

But in real life, just sign it.

Labor contracts, which are either sealed or not signed, are often seen. They can be divided into 3 situations:

First, the employer's legal representative is signed on the labor contract.

The behavior of the legal representative can be directly regarded as the act of the employer. Therefore, the legal representative can sign the labor contract to prove that the labor contract is effective.

Second, the person who signs the labor contract is the head of the administrative or human resource management department of the employing unit.

According to the sixty-third article of the general principles of civil law, regarding the agency and the relevant provisions of the forty-ninth contract concerning the agency by estoppel, the laborer has every reason to believe that the person in charge of the administrative or human resources management department is authorized by the employer before signing the contract, and their words and deeds can be regarded as the expression of the true meaning of the unit.

Therefore, under normal circumstances, the labor contracts signed by them should be effective.

Thirdly, only the employer's official seal is used in the labor contract.

The official seal is the most effective in all seals, which can represent the will of the legal person and the official seal is equivalent to the organization's recognition of the contract.

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The twenty-second provision of the labor contract law stipulates that employers can provide special training expenses for workers, and if they engage in professional and technical training, they may conclude an agreement with the worker and stipulate the service period.

If a worker violates the stipulations of the service period, he shall pay liquidated damages to the employer in accordance with the contract.

The amount of penalty shall not exceed the training fee provided by the employer.

The liquidated damages paid to the laborers by the employer shall not exceed the training expenses that should be apportioned in the part of the service period that has not yet been fulfilled.

If the employer and worker agree on the service period, they will not affect the labor remuneration during the service period according to the normal wage adjustment mechanism.

The twenty-third rule: employers and workers can stipulate the business secrets of the employing units and confidential matters related to intellectual property rights in the labor contract.

For a laborer who has a duty of confidentiality, the employer may stipulate a competition restriction clause with the laborer in the labor contract or confidentiality agreement, and stipulates that the worker's economic compensation shall be given to the laborer on a monthly basis within the time limit of the competition according to the termination or termination of the labor contract.

If a laborer violates the stipulations of the competition restriction, he shall pay liquidated damages to the employer in accordance with the contract.

The twenty-fifth provision provides that, in addition to the twenty-second and twenty-third provisions of this law, the employer shall not agree with the laborer that the worker shall bear the penalty for breach of contract.