Is it a good sign to sign a contract when it rains?
Is it a good sign to sign a contract when it rains? An agreement between the parties or between them to establish, change or terminate a civil relationship is a contract. Since the establishment of the contract, the winning weather in geomantic omen is exquisite, so is it a good sign to sign the contract if it rains?
Is it a good sign to sign a contract when it rains? 1 Rain and signing a contract are two different things, and there is no direct or indirect connection.
Will rainy days affect the signing of the contract?
The heavy rain does not affect the signing of the contract and the realization of legal effect. A general contract takes effect from the date of signing, and it can still be used as long as the contract is legible. Even if the contract is wet, the legal effect of the contract still exists. How many contracts are there? You only have one. Just find another one and rewrite it.
What are the top ten details to pay attention to when signing a contract?
There are many kinds of contracts, including company contracts, lease contracts, house sales contracts, labor contracts, etc. Take the labor contract as an example to explain the details that need to be paid attention to when signing the contract.
1. When signing a contract, workers must first understand the basic situation of the company and judge whether it is a legitimate enterprise. The name, address and telephone number of its legal representative shall be known. This information can be obtained by searching industrial and commercial registration information on the Internet, and it is required to clearly write these contents in the contract.
2. Laborers should be clear about their specific work, and indicate the content and specific location of the work in the contract. A case: Zhang lives near Sijiqing Bridge in Haidian District, Beijing. She goes to a supermarket chain near her home to apply for a job. After a while, the company transferred her to a chain store in Daxing, a suburb, which caused a dispute. As the contract only stated that Zhang was going to work in Beijing, the focus of this labor dispute case was that the specific work place agreed in the contract was unknown, which led to the failure of the case. Case 2: Zhao applied for an assembly and debugging job in an automobile factory, which belongs to a technical type of work and has a high salary; Later, the enterprise transferred him to an unskilled and low-paying position, and he didn't want to do it. After a labor dispute with an enterprise, it is written as an "operator" in the contract, which involves a wide range of work, and the specific nature of the work is not clear, which leads to the dispute losing.
3, labor remuneration should be clear, avoid verbal agreement. What is the standard salary? Is there a bonus? According to what criteria are bonuses paid? These data must be reflected in the contract, don't believe the boss's verbal commitment. Case: Xiao Li went to work in a private enterprise, and the salary on the contract was more than RMB 1000 per month. The boss promised to get more than 2000 a month. After working for several months, Xiao Li still got more than 1000 a month, which led to disputes. Finally, because the boss didn't say anything, Xiao Li didn't get the reward he wanted.
4. Pay special attention to the probation period. The law stipulates that the probation period shall not exceed six months at the longest, and the contract that only stipulates the probation period is invalid. It is cheating to ask workers to leave after the probation period. During the probation period, the employer shall not terminate the labor relationship without reason; Employees can leave their jobs unless they do not meet the recruitment requirements.
5. The payment method and time of labor remuneration should be clear, whether it is cash payment or bank payment. Some units bind workers by withholding one month's salary, which has no legal effect. After the termination of the labor contract, if the employer refuses to provide the withheld labor remuneration, the employee may settle it through labor arbitration.
6. The working hours and working conditions of workers should be clear. Some workers acquiesce in the enterprise's request for severe overtime in order to make more money. This is against the labor law, and now there are more and more wage disputes. In addition, the working environment is toxic and harmful, especially in chemical tanning and shoemaking enterprises, and the working environment that may cause mechanical damage to workers in the mechanical processing industry should be clearly stated in the contract.
7. Social insurance agreement. Some enterprises mislead workers into voluntarily giving up social security by saying that they can get more wages without social security. Lawyers remind workers that social security should be considered for a long time, and the longer the working hours, the greater the problem, which involves the issue of providing for the elderly; Once an industrial accident occurs, the quickest solution is to quickly choose the green channel of industrial injury insurance subsidies and save lives through social insurance purchased by workers. Therefore, having social security means having security.
8. Don't sign a blank contract. Blank contract means that enterprises take out a blank contract in order to cope with the inspection, and let the workers sign and press their fingerprints first, and go through a procedure. Workers don't take contracts seriously, and some contracts are not even stamped. In the event of a labor dispute, this kind of contract is invalid, and the cost of workers' rights protection is high.
9. Some contracts stipulate illegal contents, such as "self-care for work-related injuries" in which female employees are not allowed to get married and have children, and requiring workers to sign life and death contracts. These terms are legally invalid and workers can refuse to sign.
10. After the labor contract is sealed, the employee and the employer shall each hold one copy. A labor contract is the most direct and effective legal document that can be issued by both employers and employees when a labor dispute occurs. When dealing with work-related injury cases, there are not a few cases in which the employer's claim for compensation is rejected because the laborer does not have a labor contract at hand. Some enterprises took both contracts away after signing them. When a dispute occurs, the employee does not have a contract, and the unit may not necessarily admit that this person exists.
In addition, even if there is a labor contract, it is still necessary to keep evidence that can prove the labor relationship, such as salary slips, job interview notes, work certificates, physical examination forms, and unit signatures. "
Is it a good sign to sign a contract when it rains? What are the precautions when signing a contract?
1. Verify the other party's qualification.
(1) The other party to the contract is a natural person: verify, copy and save his identity documents, and confirm his true identity and capacity.
(2) The other party to the contract is a legal person:
Go to the local industrial and commercial department to inquire about its industrial and commercial registration information, and make a field trip to its company to determine its authenticity;
Verify whether the contractor is authorized by his company, and check his power of attorney, letter of introduction and contract;
When signing a contract, the other party's official seal and special seal for the contract must be affixed.
(3) The other party to the contract is "other organization":
If the other party is an individual partnership or a sole proprietorship enterprise, check whether the business license registration items are consistent with the introduction; Signature and seal of the partner and the manager of the sole proprietorship enterprise.
Legal person preparation office: confirm the identity of the manager and shareholders, and affix the official seals of the legal person preparation office and shareholders.
(4) In addition to the official seal and private seal, the other party to the contract shall be signed by himself.
2. Form of contract:
(1) The contract must be signed in writing;
(2) If a contract is concluded by oral, letter or data message, a confirmation letter must be signed and sealed;
(3) The backdated contract shall explain the contract background.
3, the necessary contract terms should be specific:
(1) The names of the parties shall be true and consistent;
(2) The subject matter, quantity, quality, price and packing method of the contract shall be specific and clear;
(3) Pay attention to the acceptance methods, procedures and time;
(4) The mode of performance should be clear: delivery mode and settlement mode;
(5) The time point or time period of the performance period shall be determined;
(6) Make it clear as far as possible that the location of our company is the place where the contract is performed;
(7) The liability for breach of contract should be quantified as liquidated damages or the calculation method for determining liquidated damages;
(8) Disputes shall be settled through negotiation and litigation, and it is agreed that the jurisdiction of the court where our company is located or the Guangzhou Arbitration Commission shall arbitrate.
4. Contractual obligations before signing the contract:
(1) Do your best to assist and inform;
(2) Do not disclose and use the trade secrets of the other party obtained when signing the contract.
5. Track and manage the authorization documents issued by the company, such as power of attorney, letter of introduction and sealed contract. When issuing, it shall indicate the name, authorization scope and validity period of the other party to the contract, and take back the business in time.
Business personnel should take back the above certificates in time when they leave their jobs. If the certificate cannot be recovered, the relevant units shall be informed in writing in time and the evidence shall be kept.
If it is found that the business personnel still sign the contract in the name of the company after the authorization is terminated, it shall determine whether to ratify it in time; If it refuses to ratify, it shall notify the other party in writing and preserve the evidence. When necessary, ask the police to intervene and investigate their criminal responsibility.
6. In case of major misunderstanding, obviously unfair, fraud, coercion or taking advantage of others' danger, collect and preserve evidence in time, and exercise the right of cancellation within a predetermined period of one year.
7. After the contract is signed, the original contract shall be kept by the company.
8. The contents of the contract shall not harm the interests of the public, the state, the collective or the third party, and shall not contain exemption clauses that cause personal injury or property loss to the other party due to intentional and gross negligence.
Is it a good sign to sign a contract when it rains? 3 Precautions before signing the contract.
Before signing a contract, due diligence should be conducted to clarify all aspects of the information of the other party and related issues of the subject matter of the contract.
1, fully grasp the information of the counterparty.
A. If the other party to the contract is an enterprise, it is necessary to collect and investigate the other party's enterprise name, economic nature, establishment time, registered capital, shareholder composition, main office, legal representative, etc. Conditional also need to investigate whether it involves litigation or court enforcement cases and other debt burdens.
B, the other party to the contract is an individual, in addition to collecting and investigating his personal basic information, including but not limited to his personal ID card, whether he has foreign economic investment, and whether he has bad hobbies that affect his performance of the contract, the information of his family members, especially his spouse, also needs to be investigated and collected, and whether he has debt burdens such as lawsuits or cases executed by the court, especially his spouse's debts may become joint and several debts, which may affect his ability to perform the contract;
If the other party is required to have the corresponding qualification conditions, it shall be inspected whether it has the corresponding qualification level and is not limited to the scope of employment.
2. We should fully grasp the subject matter of the contract.
The so-called contract object refers to the object to which the rights and obligations of the contract point. In layman's terms, what kind of transaction is the contract to complete? For example, the purchase and sale contract should fully understand the quality of the purchased goods and the related transportation and storage.
3. Proof materials to be collected in due diligence.
Attention should be paid to the collection of business licenses, citizenship certificates, qualification certificates and product certificates. If it is a copy, in principle, it needs to be checked with the original, signed by the provider or stamped with the official seal of the unit. Many pages need to be signed page by page or stamped with a riding seal.
Before and during the signing of the contract, there are places that need the attention of the parties. Especially when signing a contract, the parties should pay more attention. Because I don't know if the other party will set a trap, and in order to avoid damaging my own interests, I need to carefully review the contents of the contract and be extra cautious in some details.