Electronic labor contract refers to the contract between the employer and the employee in accordance with the Labor Contract Law of the People's Republic of China, the Civil Code of the People's Republic of China, and the People's Republic of China The Electronic Signature Law of the Republic and other laws and regulations stipulate that, after consensus, a labor contract shall be concluded using a reliable electronic signature using a data message that can be regarded as a written form as the carrier.
How should an electronic labor contract be concluded?
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How to conclude an electronic labor contract? This article tells you
So, electronic labor contracts should
How to retrieve, store and apply?
Employers should prompt workers to download and save the electronic labor contract text in a timely manner, inform workers how to view and download the electronic labor contract, and provide necessary guidance and help.
Employers must ensure that workers can use commonly used equipment to view, download, and print the complete content of the electronic labor contract at any time, and must not charge fees to workers.
If the employee needs a paper copy of the electronic labor contract, the employer must provide at least one copy free of charge and certify it with the data message by stamping or other means. The original is consistent.
The storage period of electronic labor contracts must comply with the provisions of the Labor Contract Law of the People's Republic of China on the storage period of labor contracts.
Encourage employers and workers to give priority to the electronic labor contract conclusion platform built by the human resources and social security department and other government departments (hereinafter referred to as the government platform).
If the employer and the employee do not enter into an electronic labor contract through the government platform, they must follow the data format and standards published by the local human resources and social security department. Submit electronic labor contract data that meets e-government requirements to facilitate employment and entrepreneurship, labor and employment filing, social insurance, personnel, vocational training and other services.
Non-governmental electronic labor contract conclusion platforms should support employers and workers to submit relevant data in a timely manner.
Electronic labor contract conclusion platforms must retain evidence of the entire process of establishing and managing electronic labor contracts, including identity authentication, willingness to sign, electronic signatures, etc., to ensure that electronic The integrity of the evidence chain ensures that relevant information can be queried and recalled, providing convenience for employers, workers, and agencies authorized by laws and regulations to query and extract electronic data.
Source: Ministry of Human Resources and Social Security Government Affairs WeChat
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