Secondly, it is unnecessary to verify the labor contract, and whether it is verified or not has nothing to do with the effectiveness of the labor contract. The labor dispute arbitration commission cannot refuse to accept relevant labor disputes on the grounds that the labor contract has not been authenticated. Labor contract verification refers to the legal act that the labor administrative organ comprehensively examines, verifies and confirms the legality, authenticity, integrity and feasibility of the signing and modification procedures and contents of the labor contract. In China, authentication is a proof of the legitimacy of labor relations established in labor contracts, and it is also a way for the state to effectively manage labor contracts. Generally, the principle of voluntariness is adopted. However, in order to ensure the legality and validity of the labor contract, after the signing of the labor contract, the local labor administrative organ shall go through the labor contract verification procedures.
Thirdly, when the labor administrative organ authenticates the labor contract, it mainly reviews the legality of the contract from three aspects:
(1) Qualification examination: it mainly examines the labor behavior ability and labor rights ability of both parties to the labor contract relationship and whether the agency behavior and authority of their respective representatives (or agents) are valid and legal;
(2) Behavior review: mainly review whether the behaviors of both parties in the labor contract relationship comply with the relevant provisions of the state and whether the two parties are completely equal. Signing a contract voluntarily, whether the contract signed by both parties harms the third party or public interests;
(3) Content review: mainly review whether the labor contract violates national laws, regulations and policies; Examining whether the age and physical condition of the workers have the ability to perform the contract; To examine whether the assets of the employer can pay all the labor remuneration and social insurance welfare expenses of the workers; To examine whether the rights and obligations of both parties to the contract are clear and fair; Review whether the contract terms are complete, whether the form is legal, and whether the written expression is clear and accurate.
Finally, the relevant provisions:
Measures for the implementation of labor contract authentication
Article 1 These Measures are formulated to strengthen the management of labor contracts and protect the legitimate rights and interests of both parties to labor contracts according to law.
Article 2 Labor contract verification is an administrative supervision and service measure for the labor administrative department to examine and prove the authenticity and legality of labor contracts according to law.
Article 3 The labor administrative department is the verification organ of the labor contract. Labor administrative departments at all levels should be equipped with specialized personnel to be responsible for the verification of labor contracts. The specific work of labor contract verification shall be undertaken by the labor administrative department at the place where the contract is signed or performed.
Article 4 The term "labor contract" as mentioned in these Measures includes:
(a) labor contracts signed by urban and rural units under ownership by the whole people and enterprises under collective ownership to recruit workers and temporary workers;
(two) the labor contract signed by the enterprise unit and the employees of the enterprise;
(3) Labor contracts signed by employers of private enterprises and employees of individual industrial and commercial households;
(4) Labor contracts signed by foreign-invested enterprises and employees;
(5) A labor contract that has been changed or renewed through consultation between both parties;
(6) Other labor contracts.
Article 5 The following contents shall be examined in the verification of labor contracts:
(a) whether the parties have the qualification to sign a labor contract;
(2) Whether the contents of the contract comply with national laws, regulations and policies;
(three) whether the two sides signed a labor contract on the basis of equality, voluntariness and consensus;
(four) whether the terms of the contract are complete, and whether the responsibilities, rights and obligations of both parties are clear;
(5) Whether the Chinese and foreign language contract texts are consistent.
Article 6 During the appraisal, the parties concerned shall submit the following materials:
(1) Signed labor contract in triplicate;
(two) if the employer is a legal person, it shall provide the identity certificate or power of attorney of the legal representative; If the employing unit is not a legal person, it shall provide the identity certificate or power of attorney of its principal responsible person and the business license issued by the State Administration for Industry and Commerce;
(3) the identity certificate of the laborer.
(4) Other materials deemed necessary by the appraisal department.
Article 7 Both parties shall be present in judicial authentication. The employer is the legal representative, principal responsible person or entrusted agent; Laborers should be contract signatories or entrusted agents.
Article 8 The authentication organ shall authenticate the labor contract that has passed the examination. The verification personnel shall sign the contract text and affix the special seal for labor contract verification, indicating the date of verification.
When the authentication organ finds that the contract text and certification materials provided by the parties are incomplete, it shall notify the parties to make corrections.
Not to authenticate the untrue and illegal labor contract, and explain the reasons to the parties and indicate the contract text. For contracts that fail to pass the examination, the parties shall be instructed to modify or re-sign as required, and then go through the verification procedures.
Ninth for the convenience of the parties, the labor contract verification procedures should be simplified. Anyone who can go to the employer for verification shall send someone to the employer for verification and provide legal and policy consulting services.
Tenth labor contract verification for paid services. The standards for appraisal institutions to collect appraisal fees from the parties applying for appraisal shall be implemented in accordance with the Notice of the State Price Bureau and the Ministry of Finance on Printing and Distributing the Items and Standards of Administrative Fees of the Labor Department under the Central Administration ([1992] No.268).
Eleventh labor contracts have been authenticated, and the policies and regulations on which they are based have been readjusted. If there are contradictions, you can go through the authentication procedures again without charging authentication fees.
Article 12 Upon discovery, the labor department shall immediately cancel and refund the verification fee or re-verify the wrong labor contract.
Thirteenth forensic personnel in any of the following circumstances, according to the seriousness of the case, by their units to give criticism and education or administrative sanctions:
Dereliction of duty, resulting in serious consequences;
(2) Intentionally providing certificates for untrue and illegal labor contracts;
(three) according to the provisions of the state, overcharging.
Fourteenth approach by the Ministry of labor is responsible for the interpretation of.
Fifteenth provinces, autonomous regions and municipalities directly under the central government may formulate detailed rules for implementation according to these measures and report them to the Ministry of Labor for the record.
Article 16 These Measures shall be implemented as of June 1992 1 1. Previously, any provisions inconsistent with these measures shall be abolished at the same time.
At present, all localities have implemented the Notice on Stopping the Work of Labor Contract Verification, and changed the labor contract verification to filing. Specific measures vary from place to place. But the general content is:
First, according to the requirements of the Provincial Department of Labor and Social Security, from the date of issuing a document, our bureau stopped handling the labor contract verification business. After the cancellation of labor contract verification, the "Special Seal for Labor Registration and Filing of Tongling County Labor and Social Security Bureau" will be stamped on the text of labor contract, employment registration certificate and personnel roster, and a labor employment information database will be established. At the same time, we will continue to consolidate and improve the labor registration system, strengthen the management of labor contracts, implement dynamic supervision over the signing, performance, alteration, dissolution and termination of labor contracts, and earnestly safeguard the legitimate rights and interests of workers and employers.
Two, the employer should further improve the labor contract system, take the initiative to carry out labor registration. It is necessary to take the signing of labor contracts as the basic data of labor and employment, establish accounting and database, and implement computer management. If the employing unit fails to go through the labor registration formalities as required, the labor and social security department will give administrative treatment or administrative punishment in accordance with the relevant provisions.