Although our country law makes clear a regulation, when employee enters office, unit of choose and employ persons needs to sign written labor contract with its lawfully, however still a lot of companies can be in inside make an issue of, an user was come up against to sign contract of a labor with the company only before be just like, after the lot comes to an end, still was given the contract to close by the company.
It is illegimate that such practice affirms the unit, because of our country " labor contract law " regulation, labor contract should in duplicate, that user issues successful requirement company to fill in our help finally signed contract of a labor. See here still is met more or less somebody is interrogative, is the trap of labor contract so much really?
Next we for the another trap that says labor contract is the commonnest, hope to everybody duty field person is helped somewhat.
CaseLaowang holds the position of a director to had had two years in workshop of a production, close cause selects an issue at going out in Laowang's home, phone and family member connection often are used when guiding he goes to work, also because of this rile the leader of the workshop, last leader expresses to want to give Laowang repulsive.
Laowang is very anxious express, he admits he goes to work recently time often uses a mobile phone, but that is in the person with native place connection enquires a circumstance, not be to be in lazy, he also has besides to go up his case report, look for a leader to beg for leniency to the office.
When leading the case that rebuke old king goes to work recently, gave company and the labor contract that its sign from the drawer, at this moment old Wang Cai discovers, only he and company corporative sign on original labor contract, do not have the official seal of the company on the lid actually!
This Laowang is at a loss a bit, the smile after the leader sees Laowang's expression expresses, only he follows company corporative sign on this labor contract, do not have the official seal of the company on the lid, so this labor contract belongs to invalid contract.
Is labor contract did not build official seal invalid contract?After Laowang goes back, think, although there is the official seal of the company on labor contract, but the autograph that having fair judicatory person however, so this labor contract is not is invalid contract.
When Laowang looks for company theory again, made a noise to rise in the office with the leader, subsequently company square decision submits this dispute labor dispute to arbitrate appoint, the request is arbitral appoint adjudication contract is invalid.
Arbitral appoint think after cognizance, although this labor closes to go up and do not have the official seal of the company on the lid together, but the autograph that having fair judicatory person after all, company legal person has the right to sign a contract on behalf of the company, so this contract is effectively, the company cannot be depended on there is official seal on the contract, think the contract is invalid.
Besides old king and unit two years of much working hours, both sides fulfilled corresponding obligation according to the agreement of the contract, say this labor contract is effective so.
Below what circumstance, is labor contract invalid?The circumstance with labor invalid contract, consult please " labor law " the 18th regulation, contract of the labor in following case is invalid, the first kind of circumstance is the regulation inside labor contract lawbreaking, administrative regulations, the 2nd is labor contract sign what sign below the method such as really con, menace.
Those who need an attention is, law sets invalid labor contract, the beginning that signs from both sides does not have legal effect namely, if be the word with invalid requirement of the share inside labor contract, want not to affect that part of the others only, so the part of the others is effective.
When seeing here, believe a little young associate already of too impatient to wait want to come home is the labor contract that takes out oneself looked at carefully was looked at? The trap that is retained on contract of a lot of labor is however in reality, but want us to be examined carefully when signing a contract only, the company also does not have what prevail so easily!