If the agreement has both parties, work content and salary terms, it should be deemed as labor contract.

After a year of working in an entertainment place, Chen offered to resign to the company. After he resigned, Chen applied for arbitration on the basis of the company's failure to sign a labor contract, which required the company to pay double wages for 11 months.

The start of the hearing, the company produced a hire agreement, the agreement of party a for party b a company hired XXL communications manager, 5000 a month, party b should obey the management of party a, party a will pay the corresponding insurance for party b to deal with. The agreement finally has the seal of the company and the signature of Chen, the signing time is a month after Chen's work. Chen acknowledged signing the agreement. The arbitration commission concluded that the agreement had the effect of labor contract, and the award rejected Chen's arbitration claim.

How do lawyers say that labor contracts are legal?

The labor contract, which is not determined by the name of the document, should be judged by the contents of the contract and the substantive relationship between the two parties. If, as the legal subject of labor contract law, in a contract agreement, the work content and salary are agreed, the employment agreement can be calculated as labor contract. In the labor contract, should have the provisions of article 17 of the labor contract law, but the lack of necessary provisions does not necessarily result in invalid labor contract. If labor contract has two parties, work content and salary treatment clause, should decide this labor contract effectiveness. Therefore, this simple employment agreement in this case can be regarded as a labor contract.

Article 17 a Labour contract shall have the following provisions:

(1) the name, residence and legal representative of the employer or the principal responsible person;

(2) the name, address and resident identity card or other valid identification number of the laborer;

(3) the term of the labor contract;

(4) work content and place of work;

(5) working hours and rest and vacations;

(6) remuneration for Labour;

(7) social insurance;

(8) labor protection, working conditions and occupational hazards protection;

(9) other matters that should be included in the labor contract by laws and regulations.