Fortune Telling Collection - Comprehensive fortune-telling - How to win a blank contract? There is no contract at hand.
How to win a blank contract? There is no contract at hand.
1. Proof of labor relationship: Even if there is no labor contract, the actual labor relationship can be proved through the employer's recruitment record, social insurance fee payment record and other evidence;
2. The burden of proof of the employer: if the blank labor contract text is in the hands of the employer, the employer needs to bear the burden of proof, and those who fail to prove it will bear the adverse consequences;
3. Application for termination of the contract: If the contract is signed under coercion or fraud, you can apply to the people's court or arbitration institution for termination;
4. Negotiate specific terms: Negotiate the specific terms of the contract with the other party in time to ensure that the contents of the contract meet the true wishes of both parties. If the other party does not cooperate, it can collect evidence and apply for termination of the contract;
5. Clearly stipulate spaces: it is clearly stipulated in the terms of the contract that spaces shall not be handwritten, so as to avoid leaving spaces or spaces and ensure the integrity of the contract.
Legal risks of signing blank contracts;
1. Contract effectiveness: signing a blank contract may cause the validity of the contract to be questioned because the main terms of the contract are incomplete;
2. Risk of tampering with the contents of the contract: the other party may fill in the contents in the blank without authorization, resulting in unfavorable contract terms for the signatory;
3. Burden of proof: In the event of a dispute, the party signing a blank contract may have to bear a greater burden of proof to prove the true meaning of the contract;
4. Legal liability risk: the blank contract is used for improper purposes, and the contractor may bear the corresponding legal liability;
5. Difficulties in safeguarding rights: As the contents of the contract are unclear, the party signing a blank contract may face more difficulties in safeguarding its own rights and interests.
To sum up, how to win a blank contract, including proving labor relations, the burden of proof of the employer, applying for termination of the contract, negotiating specific terms, and clearly agreeing on the blank space, ensures the validity and integrity of the contract.
Legal basis:
People's Republic of China (PRC) labor dispute mediation and arbitration law
Article 6
In the event of a labor dispute, the parties have the responsibility to provide evidence of their claims. If the evidence related to the disputed matter belongs to the management of the employer, the employer shall provide it; If the employer fails to provide it, it shall bear the adverse consequences.
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