On The Issue Of Labor Contracts Signed By Colleagues

In March 6, 2014, Yang applied for a company to engage in product sales. Nearly 1 months later, the company informed yang to sign a labor contract, but Yang could not travel on business. Spot signing 。 The company then asked Yang Yang, the same department of Yang, to sign Yang's name on the labor contract. When Yang came back from a business trip, the company signed the labor contract to him. In May 5, 2015, Yang resigned. In August 2nd, Yang disputes with local labor and personnel. Board of arbitration In applying for arbitration, he believes that his labor contract is invalid and requires the company to pay double wages.

The Arbitration Commission considers that, in accordance with the sixty-sixth provision of the general principles of civil law, I know that others have committed civil acts in their own name without denying it. In addition, the thirty-sixth provision of the contract law stipulates that a contract shall be concluded in writing by law, administrative regulations, or by the parties concerned. If the parties fail to adopt a written form, but the other party has already performed the main obligation, the other party accepts the contract, and the contract shall be established.

Although Yang was not there Labor contract He signed the contract, but he knew the contents of the labor contract afterwards. He did not deny that he had worked in the company for more than 1 years according to the contract. He should be deemed to have performed the main obligations of the contract in actual action and accepted it. Therefore, the labor contract should be deemed to have legal effect and the company shall not be liable for paying double wages. Therefore, the Arbitration Commission ruled that Yang's appeal request was dismissed.

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Zhang is a vocational high school graduate who has been assigned to a joint venture hotel and has formally signed a labor contract for two years with the hotel. One month before the termination of the labor contract, Zhang submitted a request to the hotel after the contract expired, and the hotel personnel department agreed to answer it. A month later, Zhang held the letter from the receiving unit to find the hotel asking for the transfer procedures. The head of the personnel department suddenly put forward: "to transfer, it can be done, but the training fee of three years must be paid 1200 yuan before the transfer procedures are processed." Zhang believes that the contract signed with the hotel is a two year labor contract, which has not been trained by the hotel and has not terminated the contract in advance. It is illegal for hotels to collect training fees. According to the "hotel staff instructions" eighteenth, "hotels should work for at least five years." According to the regulations, the two year labor contract signed by Zhang and the hotel has expired, but at least it should renew the labor contract with the hotel for three years. If Zhang no longer serves the hotel, he should compensate the hotel training fee by 1200 yuan. After that, Zhang repeatedly negotiated with the hotel, and the reply was still "to transfer 1200 yuan training fee, otherwise, it can not handle the transfer procedures". In this case, Zhang asked his parents for help and collected 1200 yuan for check-in procedures. For a hotel that violates the wishes of employees, employees will no longer renew their labor contracts after the expiry of the contract, and the hotel can not accept the training fees.

Question: can Zhang terminate the labor contract with the hotel?

Comment: the termination of a labor contract is the termination of the legal effect of a labor contract because of the provisions of the law or the circumstances stipulated by the parties. According to the provisions of the labor law, when the labor contract expires, the labor contract will be terminated. One party shall not force the other party to extend the term of the labor contract and extend the validity of the labor contract. In the present case, Zhang has the right to terminate the labor contract in accordance with the deadline of the two year term of labor contract signed by Zhang and a joint venture hotel.

The essence of this case is the internal rules and regulations formulated by the enterprise itself. The instructions for hotel staff are in violation of the stipulations of the labor contract and the laws and regulations of the state. Labor contracts and laws and regulations should be applied to the handling of labor disputes. The labor contract signed by Zhang and a joint venture hotel for 2 years is the result of the two sides' equality and voluntariness and consensus. They are binding on both parties and terminate when the contract expires. The requirement for "service for at least five years" stipulated in the hotel staff instructions is invalid. The seventeenth provision of labor law stipulates that labor contracts should be based on the principle of equality, voluntariness and consensus. The renewal of a labor contract is no exception. "Hotel staff instructions" has not been implemented after consultation with the staff. It stipulates that "at least five years' service is also in violation of the labor law": the original contract parties have no objection to the terms of the contract, and the legal effect of extending the contract period after equal and voluntary consultation.