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Do I need to fill out a job application form to renew the contract?
A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. The Labor Contract Law stipulates that a labor contract shall have the following clauses: \x0d (1) Name, domicile and legal representative or principal responsible person of the employer; \x0d (2) The name and address of the employee and the number of the resident identity card or other valid identity documents; \x0d (III) Term of the labor contract; \x0d (4) Work content and work place; \x0d (5) Working hours and rest and vacation; \x0d (6) Labor remuneration; \x0d (7) social insurance; \x0d (8) Labor protection, working conditions and occupational hazard protection; \x0d (IX) Other matters that should be included in the labor contract as stipulated by laws and regulations. \x0d However, the entry form does not contain these contents and its format is completely different from the labor contract, so filling in the entry form does not mean signing a labor contract. \x0d Second, after the labor contract is concluded in accordance with the law, there is a legal relationship between the employer and the employee in terms of labor rights and obligations, and one party fails to perform the labor contract. \x0d Thirdly, although the employee's personal information, salary standard and other contents are recorded in the employment form, which has some basic characteristics of a labor contract, she is considered to have signed a labor contract and lacks legal basis. \x0d lawyer stressed that paying social security and signing a labor contract are different legal acts, and there is no causal relationship between them. It is a legal obligation for the employer to pay social security to Miss Wu by the catering company, but it does not mean that a labor contract has been signed. Therefore, workers can legally ask the unit to pay twice the wage difference without signing a written labor contract.