劳动合同的成立,是指用人单位与劳动者达成协议而建立劳动合同关系。合同之成立最一般的表现就是双方在劳动合同上签字。但是劳动合同的成立并不代表着合同生效,比如附有条件合同,要等到条件成就之时合同才发生效力。原劳动部《关于实行劳动合同制度若干问题的通知》第五项规定:“劳动合同可以规定合同的生效时间。没有规定劳动合同生效时间的,当事人签字之日即视为该劳动合同生效时间。”在大多数情况下,劳动合同成立和生效是在同时的。 The establishment of a labor contract means that the employer and the employee have reached an agreement to establish a labor contractual relationship. The most common manifestation of the establishment of the contract is that both parties sign the labor contract. However, the establishment of a labor contract does not mean that the contract takes effect. For example, if a conditional contract is attached, the contract will not become effective until the conditions have been fulfilled. Article 5 of the Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System states: “The labor contract may stipulate the effective time of the contract. If the effective time of the labor contract is not stipulated, the date on which the contract is signed shall be regarded as the effective time of the labor contract. ”In most cases, the establishment and entry into force of a labor contract are simultaneous.