1. Where a labor relationship is established, a written labor contract shall be concluded in time. If a labor relationship has been established, but 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;
2. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
In any of the following circumstances, the labor contract shall be terminated:
1, the labor contract expires;
2, employees began to enjoy the basic old-age insurance benefits according to law;
3. The laborer dies, or is declared dead or missing by the people's court;
4. The employer is declared bankrupt according to law;
5. The business license of the employing unit is revoked, it is ordered to close down or be revoked, or the employing unit decides to dissolve in advance;
6. Other circumstances stipulated by laws and administrative regulations.
The process of concluding a labor contract is as follows:
1, review the subject qualification of new employees;
2. Fulfill the obligation of informing new employees, and truthfully inform new employees of their work content, working conditions, working place, labor remuneration, etc. before signing the labor contract;
3. Sign a labor contract;
4. Issue labor contracts;
5. The labor contract is made in duplicate, one for the company and one for the employee.
To sum up, a labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not violate the provisions of laws and administrative regulations. After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.
Legal basis:
Article 16 of People's Republic of China (PRC) Labor Contract Law
Validity of Labor Contract The labor contract shall come into effect after the employer and the employee reach an agreement through consultation, and the text of the labor contract shall be signed or sealed by the employer and the employee.
The text of the labor contract is held by the employer and the employee respectively.