1. Is the labor contract valid without signature and seal?
If either party fails to sign or seal the agreement, the agreement is invalid. A labor contract shall be reached through consultation between the employer and the employee, and shall come into effect after the text of the labor contract is signed or sealed by the employer and the employee.
To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and 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 labor relationship shall be established from the date of employment.
When an employer signs a labor contract with a laborer, it shall sign a labor contract. That is, it is signed by the legal representative and stamped with the official seal of the enterprise. It is not in line with the labor law that the company does not affix the official seal to the labor contract, but this problem is mainly caused by the company's fault, and the company should bear the main responsibility. Therefore, although the contract has no official seal, it is signed by the legal representative (general manager) after all, and the legal representative has the right to conclude the contract on behalf of the company. A contract cannot be deemed invalid just because there is no official seal.
2. What is the seal of the labor contract?
The company shall sign a labor contract with the laborer through consultation, and both parties shall sign or seal the text of the labor contract. For the company, it shall be signed by the legal representative or stamped with the company's official seal and contract seal. It is also valid if the legal representative authorizes others to sign or seal it.
The company's official seal, contract seal or special seal of personnel department are internal seals, which can only be used after being authorized by the employer, so it will be effective to stamp these seals on the labor contract. However, when signing a contract, workers should pay attention to the fact that these chapters are legal and effective only after they have been filed by the public security organs and publicized. In addition, in order to avoid unnecessary troubles in the later stage of labor disputes, the labor contract should be stamped with the corporate seal of the company as far as possible to prevent confusion of the employer, and some other useless seals should be stamped to ensure the recognition of the seal to the greatest extent.
The labor contract can be stamped with the official seal of the unit or the special seal for the contract. A labor contract without signature or seal is invalid. The content of the labor contract needs to be determined by both parties through consultation. After both parties sign or seal the contract text, the labor contract has corresponding legal effect. The labor contract is made in duplicate, one for the employer and one for the employee.