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Do private factories have to sign contracts to recruit people?
1. Do private factories have to sign contracts to recruit people?
1. Private factories need to sign labor contracts when recruiting people. The employer shall establish a labor relationship with the employee from the date of employment. The employing unit shall establish a roster of employees for future reference. To establish labor relations, a written labor contract shall be concluded.
2. Legal basis: Article 7 of the Labor Contract Law of People's Republic of China (PRC).
Establishment of Labor Relations The employing unit shall establish labor relations with the laborers from the date of employment. The employing unit shall establish a roster of employees for future reference.
Article 10
To conclude a written labor contract and 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.
Second, what should I do if the company goes bankrupt after signing the contract?
Whether the contract is still valid after the bankruptcy of the company needs to be analyzed according to the following circumstances:
1. After the people's court accepts the bankruptcy application, the administrator has the right to decide to terminate or continue to perform the contract that was established before the bankruptcy application was accepted but has not been performed by the debtor and the other party, and notify the other party;
2. Failure to go through the formalities of approval will affect the validity of the contract, but it will not affect the performance of the obligation clauses such as approval and the validity of the relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.
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