The labor agreement is concluded voluntarily by both parties and is legally binding, that is to say, protected by law. At the same time, it is necessary that the actor has the corresponding capacity for civil conduct; the intention is true; It does not violate the mandatory provisions of laws and administrative regulations, and it does not violate public order and good customs.
What are the functions of a signed labor contract?
1. The labor contract is the basic form of establishing labor relations. It is a common practice in countries all over the world to use labor contracts as the basic situation for establishing labor relations. This is because the labor process is very complex and ever-changing. Contract workers in different industries and different units have different rights and obligations in the labor process. National laws and regulations can only provide for fundamental issues, but cannot regulate them. The specific rights and obligations of the parties are stipulated, which requires signing a labor contract to clarify the rights and obligations;
2. Labor contracts are an important means to promote the rational allocation of labor resources. Employers can determine the conditions, methods, and quantity of hiring workers based on their deep understanding of business or work needs, and by signing labor contracts of different types and durations, they can give full play to the workers' strengths and rationally use the labor force;
3. Labor Contracts can help avoid or reduce labor disputes. The labor contract clearly stipulates the rights and obligations of the employee and the employer, which is both a guarantee and a constraint for both parties to the contract. It helps to improve the consciousness of both parties in performing the contract, and encourages both parties to correctly exercise their rights and strictly perform their obligations; because labor The conclusion and performance of contracts are conducive to avoiding or reducing the occurrence of labor disputes and stabilizing labor relations.
To sum up, the labor agreement is concluded voluntarily by both parties and is protected by law.
Legal basis:
Article 143 of the "People's Republic of China and Civil Code"
Civil legal acts that meet the following conditions are valid:
(1) The actor has the corresponding civil capacity;
(2) The intention is true;
(3) It does not violate laws and administrative regulations Mandatory regulations that do not violate public order and good customs.
Article 144
Civil legal acts performed by persons without capacity for civil conduct are invalid.