Do members of the company's board of directors need to sign a labor contract? What is the legal basis?

A labor contract should be signed with them.

According to the Ministry of Labor's "Notice on the Comprehensive Implementation of the Labor Contract System" (Ministry of Labor [1994] No. 360), Article 4, Paragraph 1: Regarding the issue of labor contracts signed by factory directors and managers. The factory director and manager should sign a labor contract with the hiring department. Directors, managers and relevant operating and management personnel of enterprises implementing a corporate system shall sign labor contracts with the board of directors in accordance with the relevant management provisions for managers and operating and management personnel in the Company Law of the People's Republic of China. ”

Notice on the issuance of the “Answers to Issues Related to Labor Contracts in the Implementation of the Labor Law” (Ministry of Labor [1995] No. 202) Article 1: “The Implementation of Related Labor Contracts in the Labor Law” Notice of the Ministry of Labor (Ministry of Labor [1995] No. 202) Regarding the issue of labor contracts signed by factory directors and managers.

In accordance with the provisions of the Ministry of Labor [1994] No. 360, Factory directors and managers are appointed (appointed) by their superior departments and should sign a labor contract with the hiring (appointment) department. Factory directors, managers and relevant operating and management personnel of enterprises that implement a company system should work in accordance with the "People's Revolution of the People's Republic of China".

Extended information:

Notes

1. Recruitment by the employer. If the employer does not enter into a written labor contract, but the following circumstances are met at the same time, the labor relationship is established.

1. The employer and the employee meet the subject qualifications stipulated in laws and regulations;

2. Various labor rules and regulations formulated by the employer in accordance with the law apply to workers. Workers are subject to the labor management of the employer and engage in paid labor arranged by the employer;

3. Labor provided by workers It is an integral part of the employer's business.

2. If the employer has not signed a labor contract with the employee, it can refer to the following documents when determining that there is a labor relationship between the two parties:

1. Wage payment voucher. Or records (employee wage payment roster) and records of payment of various social insurance premiums;

2. The "work certificate", "service certificate" and other documents that can prove the identity issued by the employer to the laborer;

3. Recruitment records such as the "Registration Form" and "Application Form" filled in by the employer;

4. Attendance records;

5. Testimonies of other workers, etc.