Enquiring knowledgeable people Inquisitive education Hospital Treasury

Is it necessary to re sign the signed contract for legal person change?

home page

Is it necessary to re sign the signed contract for legal person change?


        

Submit answer
Favorable reply
  • 2024-06-14 18:00:48

    Is it necessary to re sign the signed contract for legal person change? The labor contract can be changed, but it does not need to be re signed. However, if other business contracts are involved, they need to be re signed. The relevant basis for lawyers to sort out is the Labor Contract Law of the People's Republic of China: Article 29 The performance of the labor contract The employer and the employee shall fully perform their respective obligations in accordance with the provisions of the labor contract. Article 30 Labor Remuneration The employing unit shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and on time. If the employer defaults or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law. Article 33 The change of the name, legal representative, etc. of the employing unit The change of the name, legal representative, main person in charge or investor of the employing unit shall not affect the performance of the labor contract. Article 34 In the event of a merger or division of an employing unit, the original labor contract shall continue to be effective, and the labor contract shall continue to be performed by the employing unit that inherits its rights and obligations. Article 35 The content of the labor contract may be changed if the employer and the worker reach consensus through consultation. The alteration of a labor contract shall be in writing. The employer and the employee shall each hold one copy of the revised labor contract. Then let's extend this issue to the following: according to the Contract Law of the People's Republic of China: Article 44, a legally formed contract shall become effective upon its establishment. Where laws and administrative regulations provide that approval, registration and other procedures shall be completed to take effect, such provisions shall prevail. Article 45 The parties may agree to attach conditions to the validity of a contract. A contract with entry into force conditions shall become effective when the conditions are met. A contract with conditions for termination shall become invalid when the conditions are met. If a party improperly prevents the condition from being fulfilled for his own benefit, it shall be deemed that the condition has been fulfilled; If a condition is improperly facilitated, it shall be deemed that the condition is not fulfilled. Article 46 The parties may stipulate a time limit for the validity of a contract. A contract with an effective period shall become effective from the end of the period. A contract with a term of termination shall become invalid upon the expiration of the term. Article 52 Invalidity of Contract A contract is invalid under any of the following circumstances: (1) One party entered into a contract by fraud or coercion, thereby harming the interests of the State; (2) Malicious collusion harms the interests of the state, the collective or a third party; (3) Cover up illegal purpose in legal form; (4) Damage to social and public interests; (5) Violation of mandatory provisions of laws and administrative regulations. Article 53 The following exemption clauses in a contract are invalid: (1) causing personal injury to the other party; (2) Causing property losses to the other party due to intentional misconduct or gross negligence. Article 54 Either party shall have the right to request a people's court or an arbitration institution to amend or rescind the following contracts: (1) The contract was concluded due to a serious misunderstanding; (2) It is obviously unfair when concluding the contract. If one party causes the other party to enter into a contract against its true intention by means of fraud, coercion or taking advantage of the other party's difficulties, the aggrieved party has the right to request the people's court or an arbitration institution to modify or cancel the contract. If a party requests a change, the people's court or arbitration institution shall not revoke it.

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):