Civil code labor contract clause

Legal analysis: The Civil Code does not stipulate how long the labor contract must be signed, while the Labor Contract Law stipulates that the employer shall sign the labor contract within one month after establishing the labor relationship. 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. It is against the labor law that the employer fails to sign a labor contract with the employee within the applicable period, and the employee can protect his rights.

Legal basis: People's Republic of China (PRC) Labor Contract Law.

Article 10 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.

People's Republic of China (PRC) Civil Code

Article 201 If the period is calculated by year, month and day, the first day shall not be counted, and the period shall be counted from the next day. If the period is counted in hours, it shall be counted from the time stipulated by law or agreed by the parties.

Article 202 If the period is calculated by year and month, the last day of the period shall be the corresponding day of the due month; If there is no corresponding date, the end of the month is the last day of the period.

Article 203 If the last day of a period is a legal holiday, the last day of the period shall be the day after the end of the legal holiday. The deadline for the last day of the period is twenty-four o'clock; If there are business hours, the time to stop business activities is the deadline.

Article 204 The calculation method of the time period shall be in accordance with the provisions of this Law, except as otherwise provided by law or agreed by the parties.