The labor contract can only be inquired by the human resources department of the employer or the social security bureau where the employer is located. If an employee terminates the labor contract with the employer, the employer will generally handle the resignation procedures for the employee and stop paying social security. In the event of a labor dispute, the employee can promptly report to the Human Resources and Social Security Bureau where the employer is located to apply for labor arbitration.
Extended data
According to the Labor Contract Law of People's Republic of China (PRC)
Article 16: A 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.
Article 17? A labor contract shall have the following clauses:
(a) the name, domicile and legal representative or principal responsible person of the employing unit;
(2) The name and address of the laborer and the number of the resident identity card or other valid identity documents;
(3) The term of the labor contract;
(4) Work content and work place;
(five) working hours and rest and vacation;
(6) Labor remuneration;
(7) Social insurance;
(eight) labor protection, working conditions and occupational hazard protection;
(nine) other matters that should be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits.
Article 50 The employing unit shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and go through the formalities of transferring the relationship between files and social insurance for workers within five days. Laborers shall handle the work handover according to the agreement of both parties.
If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed. The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.
References:
China Court Network-People's Republic of China (PRC) Labor Contract Law