According to Article 3 of the Labor Contract Law of People's Republic of China (PRC), the conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Referring to Article 8 of the Labor Contract Law of People's Republic of China (PRC), when employing workers, the employer shall truthfully inform the workers of their work contents, working conditions, workplace, occupational hazards, safe production conditions, labor remuneration and other information required by the workers; The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it.
According to Article 26 of People's Republic of China (PRC) Labor Contract Law, the following labor contracts are invalid or partially invalid:
(1) Causing the other party to conclude or change a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;
(2) The employer exempts itself from legal liability and excludes the rights of workers;
(3) Violating the mandatory provisions of laws and administrative regulations.
Any dispute over the invalidity or partial invalidity of a labor contract shall be confirmed by the labor dispute arbitration institution or the people's court.
Extended data
Referring to Article 27 of the Labor Contract Law of People's Republic of China (PRC), if part of the labor contract is invalid and does not affect the effectiveness of other parts, the other parts are still valid.
With reference to Article 28 of the Labor Contract Law of People's Republic of China (PRC), if the labor contract is confirmed to be invalid and the laborer has already paid the labor, the employer shall pay the labor remuneration to the laborer. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the unit.
Referring to Article 39 of the Labor Contract Law of People's Republic of China (PRC), the employer may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
According to Article 40 of the Labor Contract Law of People's Republic of China (PRC), under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
China People's Congress Network-People's Republic of China (PRC) Labor Contract Law