If we sign an employment contract without a specific work address, whether it is an invalid contract

Updated on society 2024-02-09
6 answers
  1. Anonymous users2024-02-06

    According to the provisions of the Labor Law, the labor contract shall stipulate the content and place of work, and if it is not stipulated, the part of the contract shall be invalid, and the other parts shall remain valid.

    Labor Contract Law

    Article 17 The labor contract shall have the following clauses:

    1) The name, address, and legal representative or principal responsible person of the employer;

    2) The worker's name, address, and resident ID card or other valid identification number;

    3) The term of the labor contract;

    4) The content of the work and the place of work;

    5) Working hours, rest and vacation;

    6) Labor remuneration;

    7) Social insurance;

    8) Labor protection, working conditions and protection against occupational hazards;

    9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

    In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

    Article 26 The following labor contracts are invalid or partially invalid:

    1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

    2) The employer exempts itself from statutory liability and excludes the rights of employees;

    3) Violating mandatory provisions of laws or administrative regulations.

    If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

    Article 27 Where part of the labor contract is invalid and does not affect the validity of the other parts, the other parts shall remain valid.

  2. Anonymous users2024-02-05

    There is no address, it also depends on whether there is a specific work unit and legal representative, as well as a certificate issued by the state, and if there is a contract it is valid.

  3. Anonymous users2024-02-04

    It's not an invalid contract, there are a lot of jobs that don't have a fixed address.

  4. Anonymous users2024-02-03

    Effective. If there is no agreement on the place of work in the labor contract, and the company and the employee have a dispute over the place of work, in principle, the agreement between the two parties shall be followed; If there is no agreement, it shall be determined according to the actual performance. In other words, if the employment contract does not stipulate the place of work, it shall be determined according to the actual place of work of the employee.

    Article 8 of the Labor Contract Law of the People's Republic of China When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, work safety status, labor remuneration, and other information that the worker requires to know.

  5. Anonymous users2024-02-02

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

    Article 10 To establish a labor relationship, a labor contract shall be concluded for the branch of the book. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

    Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

  6. Anonymous users2024-02-01

    An employment contract that does not include the place of work is valid unless it is invalid or revocable as prescribed by law. If the labor contract does not stipulate the place of work, labor remuneration and other matters, or the agreement is not clear, and a dispute arises, the employer and the employee may renegotiate. If the negotiation fails, it shall be handled in accordance with the provisions of law.

    Since the work address is a mandatory clause stipulated in the Labor Contract Law, if the work address is not clearly agreed, it is a violation of the mandatory provisions of the law, and the labor dispute arbitration institution or the people's court shall confirm that the labor contract is invalid. The employment contract shall have the following clauses:

    1. The name, domicile and legal representative or main person in charge of the employer;

    2. The worker's name, address and resident ID card or other valid ID number;

    3. The term of the labor contract;

    4. Work content and work location;

    5. Working hours, rest and vacation;

    6. Labor remuneration;

    7. Social insurance;

    8. Labor protection, working conditions and occupational hazard protection for jujubes;

    9. Other matters that shall be included in the labor contract as stipulated by laws and regulations.

    If the employee's work address is not written in the employment contract, the employment contract is invalid. An employment contract concluded by an employer in order to exempt itself from its statutory duties and exclude the rights of the employee is invalid; An employment contract concluded against the true will of the other party is invalid if it is fraudulently used; If the content of the employment contract violates the provisions of the law, the employment contract shall be invalid.

    [Legal basis].The Labor Contract Law of the People's Republic of China

    Article 18. If the labor contract is not clear about the standards such as labor remuneration and working conditions, and disputes arise, the employer and the employee may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; Where there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

Related questions
8 answers2024-02-09

It is necessary to confirm the employment relationship first, but based on the evidence you mentioned, it is more likely that the employment relationship will be confirmed, and if the employment relationship can be confirmed, the work-related injury can be determined.

20 answers2024-02-09

If the employer has not signed an employment contract with the employee, the employee may apply for labor arbitration and demand the employer to pay compensation or severance (severance if the illegal termination is compensation in accordance with Article 46 of the Labor Contract Law), double wages for failure to sign the labor contract (starting from the second month of employment, up to 11 months), etc. >>>More

7 answers2024-02-09

It should be fine, because the indefinite time limit when renewing is a national regulation, and what your boss said doesn't work, hehe, it doesn't matter if it is changed, it depends on the labor law.

7 answers2024-02-09

It is expressly stipulated in the law that the contract cannot be terminated during the medical treatment. If the dismissal on the grounds that the unit fails the assessment is a deliberate circumvention of the law and a serious violation of the law, there is also a sentence after the unqualified training, requiring the unit to arrange another job. Compensation is based on the premise of termination of the contract, and it is related to the length of service years, so it is difficult to compare which compensation is more.

13 answers2024-02-09

The company can not renew the contract when it expires.,It seems that there is no compensation.。。