Legal subjectivity:
1. According to the provisions of Article 16, Paragraph 1, of the Labor Law of the People's Republic of China (hereinafter referred to as the "Labor Law"), the labor contract It is an agreement that establishes a labor relationship between a worker and an employer and clarifies the rights and obligations of both parties. 2. Employers should promptly arrange work for employed workers, pay labor remuneration according to the quantity and quality of labor provided by workers, and provide necessary labor conditions in accordance with labor laws, regulations and labor contracts to ensure that workers enjoy the benefits of labor Protection, social insurance, welfare and other rights and benefits. Legal objectivity:
Article 10 of the "Labor Contract Law of the People's Republic of China" To establish a labor relationship, a written labor contract must be concluded. If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract must 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 is established from the date of employment. 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 person in charge of the employer; (2) The name and address of the employee and resident ID card or other valid identity document number; (3) Labor contract term; (4) Work content and work location; (5) Working hours and rest and vacations; (6) Labor remuneration; (7) Social insurance; (8) ) Labor protection, working conditions and occupational hazard protection; (9) Other matters that should be included in the labor contract as stipulated by laws and regulations. In addition to the necessary terms stipulated in the preceding paragraph in a labor contract, the employer and the employee may agree on other matters such as probation period, training, confidentiality, supplementary insurance, welfare benefits, etc. Article 26 of the "Labor Contract Law of the People's Republic of China" The following labor contracts are invalid or partially invalid: (1) Using fraud, coercion or taking advantage of others' danger, causing the other party to conclude or change the labor contract against the true intention Contract; (2) The employer exempts itself from legal responsibilities and excludes workers' rights; (3) Violates the mandatory provisions of laws and administrative regulations. If there is a dispute over the invalidity or partial invalidity of a labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court. In addition to the necessary terms stipulated in the preceding paragraph in a labor contract, the employer and the employee may agree on other matters such as probation period, training, confidentiality, supplementary insurance, welfare benefits, etc.