When it comes to signing an employment contract, many people may wonder who should sign it first — the employer or the employee? This is a valid question as it can have legal implications and determine the terms of the employment agreement. In this article, we will explore the answer to this question and its significance in the employment process.
Generally, it is the employer who drafts the employment contract and presents it to the employee for review and signature. The employer is deemed to be in a position of power in the employment relationship and has the responsibility to create a legally binding agreement that sets out the terms and conditions of the employment. Therefore, it is only appropriate that the employer takes the first step in drafting the contract so that the employee can review and negotiate the terms if necessary.
However, this does not mean that the employer must always sign the contract first. In some cases, the employee may have already negotiated certain terms before receiving the contract, and they may expect the employer to sign first to avoid any last-minute amendments. This may be the case if the employee has been offered a job but has not yet agreed to the terms of the contract.
Furthermore, it is important to note that the order of signing the contract does not affect its legality. As long as both parties have agreed to the terms and signed the contract, it is legally binding. Therefore, if the employee signs the contract first, it does not give the employer any power to change the terms of the agreement. Conversely, if the employer signs the contract first, it does not mean that the employee cannot negotiate or make amendments to the terms.
In conclusion, the employer usually drafts the employment contract and presents it to the employee for review and signature. However, the order in which the contract is signed does not determine its validity, and both parties have the opportunity to negotiate the terms of the agreement. Ultimately, the most important thing is for both parties to come to an agreement and sign the contract in good faith, creating a solid foundation for a positive and productive employment relationship.