Whether the employee violates the principle of good faith and whether the labor contract can be term

The legal consequence of signing an employment contract contrary to the principle of good faith is that the labor contract is invalid.

Labor Contract Law of the People's Republic of China

Article 26 [Invalidity of Labor Contracts] 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;

1. What are the basic principles for signing an employment contract?

1) The principle of equality and voluntariness, equality means that both parties to the labor contract have the same legal status. Voluntariness means that the conclusion of the labor contract is entirely based on the true and rough opinions of both parties, is the expression of the agreement of the two parties, and is an agreement reached through equal consultation after their respective opinions have been fully expressed.

2) The principle of consensus, the so-called consensus refers to the determination of the entire content of the labor contract, to the extent permitted by laws and regulations, by the parties after jointly discussing and negotiating and reaching a completely unanimous opinion.

3) The principles of laws and administrative regulations shall not be violated, and the principles of laws and administrative regulations, that is, the principle of legality of labor contracts. The principle of legality in concluding an employment contract is a prerequisite for the validity of an employment contract and the protection of national laws. The basic requirements of the principle of legality include:

The purpose for which the employment contract was concluded must be lawful; The subject of the employment contract must be legal. The so-called legitimacy of the subject means that both parties to the labor contract must have the qualifications to enter into the labor contract; The content of the employment contract must be legal; The procedures and forms for concluding labor contracts must be legal; The act of concluding an employment contract must be lawful.

2. What are the conditions for the employment contract to take effect?

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

A breach of good faith contract is not necessarily invalid. The principle of good faith is the principle that the parties should abide by in the exercise of their rights and the performance of their obligations; Invalidity of a contract means that although a contract has been formed, it is not legally effective because it lacks valid conditions. A breach of good faith contract is not necessarily invalid.

According to Article 7 of the Civil Code, civil entities engaged in civil activities shall follow the principle of good faith and uphold honesty. Article 153 stipulates that civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

Civil juristic acts that are contrary to public order and good customs are invalid.

Article 13 of the Civil Code of the People's Republic of China is valid for civil juristic acts that meet the following conditions: (1) The actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; 3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 154 of the Civil Code of the People's Republic of China: Civil law acts of repentance in civil law where the actor maliciously colludes with the counterparty to harm the lawful rights and interests of others.

Article 146 of the Civil Code of the People's Republic of China: Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of concealed civil juristic acts with false expression of intent is to be handled in accordance with the relevant legal provisions. Article 144 of the Civil Code of the People's Republic of China provides that civil juristic acts carried out by persons without capacity for civil conduct are invalid.

Article 153 of the Civil Code of the People's Republic of China is invalid for civil juristic acts that violate the mandatory provisions of laws and administrative regulations. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.

If an employee violates the duty of good faith, but the rules and regulations do not stipulate it, the company cannot dismiss him.

If the employee seriously violates the company's rules and regulations, if the employer's rules and regulations are formulated through democratic procedures; 2. There is no violation of laws and regulations; 3. After publicity, and inform the laborers; In addition, if the employer has evidence to prove that the employee's behavior violates the company's rules and regulations, the employer may dismiss the employee without paying any economic compensation or compensation.

Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

The employment contract shall be invalid under the following circumstances:

1. Labor contracts whose content violates laws and administrative regulations. If the probationary period is more than 6 months, no social insurance will be purchased.

2. The labor contract signed by the other party is forced to damage life, health, honor, reputation, property, etc. by means of coercion and taking advantage of the danger of others. If the labor contract is forced to be renewed after the expiration of the contract.

3. A contract that is concluded by fraudulent means and deliberately conceals the facts, so that the other party enters into a contract contrary to its true intentions. Such as false promises of good working conditions.

4. Conclude a labor contract with illegal procedures. If the two parties have not negotiated, or have not approved the adoption of a special working hour system, etc.

5. Violation of labor safety protection system. For example, it is agreed that the employee shall be responsible for work-related injuries and occupational diseases, and the employer shall be exempted from legal liability.

6. Labor contracts that collect various fees in violation of regulations. For example, it is mandatory to collect training fees, security deposits, collaterals, risk funds, stock funds, etc.

7. The labor contract of the subject is not qualified. Such as recruiting child labor, signing false contracts, etc.

12. Labor contracts with obviously unfair rights and obligations. Such as setting non-compete conditions for free or non-payment, etc.

A contract concluded in violation of laws and regulations is invalid. Article 6 of the Contract Law stipulates that the parties shall follow the principle of good faith in exercising their rights and performing their obligations. It does not refer to the terms of the employment contract. The law that concludes an employment contract is the Labor Contract Law

Article 3 of the Labor Contract Law shall follow the principles of legality, fairness, equality, voluntariness, consensus and good faith in the conclusion of a labor contract. 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 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.

Article 28 Where a labor contract is confirmed to be invalid and the worker has already paid the labor, the employer shall pay the labor remuneration to the worker. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the same unit.

You can quit your job and ask for a single amount of severance payments.