Labor Contract Is Invalid And Labor Remuneration Can Be Obtained.
Respected leaders:
We are laid-off workers. Last year, we signed a labor contract with a company based on the favorable conditions of advertising promotion.
But after work, it found that the working environment was bad, and overtime could not complete the quota. The salary was very low and often delayed.
We should negotiate with the company on the grounds that the labor contract is deceived.
The company agreed to terminate the contract, but it did not pay us two months' wages.
The manager said that the contract was invalid, of course, there was no basis for salary.
Excuse me, can't we get wages if the labor contract is void?
Readers:
According to the eighteenth provision of the labor law, if a contract concluded between an employer and a laborer is a violation of laws, administrative regulations, or by means of fraud or coercion, it is an invalid contract.
According to your letter, you have entered into a labor contract with the company because of false advertising, but the actual situation is far from the advertising content. You have a legal basis for claiming that the contract is invalid on the grounds of fraud.
However, the invalidity of the contract does not mean that labor remuneration can not be obtained.
The fourteenth interpretation of the Supreme People's court's interpretation of several issues concerning the application of law in labor dispute cases stipulates that, in cases where the labor contract is invalid, whether the worker is guilty of the ineffectiveness of the labor contract, the work paid by the worker shall be paid by the employer according to the labor remuneration stipulated in the contract, or by reference to the wage standards of the same period, the same type of work and the same post.
If the employer fails to do harm to the invalid labor contract and causes damage to the worker, he shall also be liable for damages according to the ninety-seventh provision of the labor law.
You can then request the company to pay your labor remuneration and claim compensation for the losses you have caused.
- Related reading
Changsha Will Set New Rules: 500 Or More Enterprises Pay Collective Bargaining.
|Pearl River Delta Shoe And Hat Enterprises Should Respond To The New Labor Contract Law
|法博士常凱.jpg)
- Attract investment | Hubei Textile Industry'S 12Th Five-Year Plan: More Than 30 Garment Parks Will Be Built In Five Years.
- business etiquette | Handshake Etiquette Common Sense
- Other | Huaibei South Garden Village: Small Cloth Shoes Break Out Of The Big Market.
- News Republic | Yinchuan Held The Ninth Cross Strait Symposium On Textile Cooperation
- Industrial Cluster | Sheng Hong Dye And Put On The Engine.
- Daily headlines | Market Determines The Basic Direction Of Garment Industry Pformation And Pformation
- Internet Marketing | Promotion Strategy Of Network Marketing
- Attract investment | Holland Has Unique Local Scenery -- Wooden Shoes.
- Industrial and commercial tax | 企業(yè)如何巧用新稅法
- Order-placing meeting | 2010 Lingwu International Cashmere Dress Design Competition Finals
- Changsha Will Set New Rules: 500 Or More Enterprises Pay Collective Bargaining.
- Pearl River Delta Shoe And Hat Enterprises Should Respond To The New Labor Contract Law
- 30 Principles To Learn To Get Along With Colleagues
- Twelve Constellation How To Get Along With Colleagues
- How To Get Along With Colleagues
- Get Along With Your Boss "Four, Four, No".
- Out Of Ten New Career Plans For You
- Grasp Your Career Expectation And Pay Attention To "Four No Plans".
- Between Colleagues: How To Skillfully Dissolve Colleagues' Hostility
- How To Get The Trust And Trust Of The Boss