Labor contract is invalid, it is to show labor contract does not accord with statutory requirement, do not produce the legal result that party expects. According to legal provision, labor contract is active, arbitrate by labor dispute orgnaization or people court affirms, other any branches or the individual has no right to maintain labor contract to disable. Today, small pose the case that takes everybody to understand next meetings to bring about labor contract to disable.
Basis " labor contract law " the 26th regulation, bring about labor to the contract disables or disable to basically have 3 kinds of state partly:
One, with con, threatening method or take advantage of sb's precarious situation, make the other side concludes below the condition that violates true meaning of labor contract:
According to legal provision, labor contract bringing about to disable below this kind of case basically is the following these a few kinds of circumstances:
(One) below the circumstance that fulfilling ability, sign a contract.
Main fingering law stipulates partial post needs laborer course to groom technically, and already qualified certificate, but laborer provides false qualificatory letter, and sign labor contract.
(2) behavior person is beholden inform some kind of true condition according to the facts to other places and do not inform intentionally.
The work requirement with if the unit is false favourable acceptance, laborer itself is put in the disease, must not pursue certain trade, but did not inform according to the facts wait.
(3) the method that uses threatening, take advantage of sb's precarious position, wait for the labor contract that forces the other side to sign in order to damage life, healthy, honorary, reputation, property. Press perhaps laborer signs labor contract in follow-up of termination of contract.
2, unit of choose and employ persons absolves the his legal liability, right that eliminates laborer:
According to legal provision, labor contract bringing about to disable below this kind of case basically is the following these a few kinds of circumstances:
(One) system of unit of choose and employ persons decides clause of Xiang Yu the Conqueror, violate labor safety protection.
Basically be to agree laborer proper motion is in charge of inductrial injury, occupational disease waiting, of the legal responsibility that avoids unit of choose and employ persons.
(2) unit of choose and employ persons and laborer sign right obligation to display the labor contract that loses fairness
Include to agree free works among them, perhaps agree of penalty due to breach of contract of a huge sum, will restrict laborer to flow, perhaps agree the contest course of study of incorrect price prohibits again condition.
3, lawbreaking, administrative regulations is mandatory of the regulation:
According to legal provision, labor contract bringing about to disable below this kind of case basically is the following these a few kinds of circumstances:
(One) conclude the main body of labor contract nots agree with the regulation of lawful law, code
Law provides the laborer one party that signs labor contract must be to have the citizen of ability of advantage of right to work and labor conduct competence, enterprise and not full the labor contract that the labor contract that minor of 16 years concludes disables namely (the except that law has a regulation additionally)
(2) the content of labor contract is lawbreaking the regulation of code
If work overtime not to pay overwork salary, pay the salary under minimum wage standard; Conventional working hours exceeds legal regulation, damage laborer to rest normally off; Perhaps stipulate the worker inside contract period forbids love again, marry, bear.
Of course, deregulation of unit of choose and employ persons to laborer collection all sorts of charge, if compulsive collection grooms gold of cost, bail, guaranty also can bring about labor contract to disable.
Of labor contract invalid, be from only then invalid, from there is legal sanction when concluding. No matter be laborer or unit of choose and employ persons,be in so when signing labor contract, need more attention.
