Is such a contract legal? 35

This contract is not illegal, but it may be partially invalid... It is advisable to add a regulation on rest, and then clarify the scope of the so-called "all work", clarify whether it is an employment relationship or a contract relationship between you (in fact, it can be seen that it is employment, but it is better to be clear), and it is better to stipulate Party A's liability for breach of contract.

I am unclear about the value of your specific work on this contract and cannot comment on whether or not it shows fairness. I can only comment on the form of the contract, and you can refer to the terms that the statutory contract must have.

Attached: Article 17 [Content of Labor Contract] 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.

It should be clear what raw materials he provides, if it is the ruler steel, you will suffer if you have a yield assessment. In addition, the unit price of processed products is best divided into several specifications to determine. In terms of quality, do you listen to his work arrangement, or strictly process according to the drawings.

Who is responsible for quality accidents. Safety should not be a big problem, and now the state has regulations: whoever actually employs the workers is responsible, and there is also the principle of territorial management.

Because you are a private person, in fact he and you are in an employment relationship.

First of all, it is necessary to define whether it is a contract relationship or a labor dispatch contract relationship.

In the case of a contractual relationship, the employer has too much management of the contractor and is too strict.

In the case of a labor dispatch contract, the employer's liability for the safety of workers and the liability for accidents is obviously too light.

According to the contract, it should be a contract, and generally if it is not a service contract, then there is generally no too much interference in how the contractor operates and hires personnel. However, if the employer's provision of excessive interference is not unreasonable or difficult to achieve or the cost of realization is excessive, it is generally accepted, because after all, the contracting party is the weak party before the contract is signed.

After reading the downstairs master contract, it is probably recommended as follows.

Party A: The party that provides the vehicle such as the car rental company or the owner.

Party B: The party renting the vehicle.

1. Party A provides Party B with well-equipped, well-technically conditioned, safe and reliable operation and complete documents: The vehicles provided by Party A to Party B must meet certain standards, including vehicle configuration, technical condition, safety performance and completeness of documents.

2. After Party B signs this contract, Party B shall pay Party A the vehicle rental fee of RMB per month, the vehicle rental deposit of RMB Yuan, and the vehicle rental fee of the month on the day of each month: Party B shall pay the vehicle rental fee and deposit to Party A after signing the contract, and pay the lease fee on a monthly basis.

3. The term of the contract is years: Party A provides Party B with the time for the use of the vehicle, including the start time and end time.

4. During the contract period, the ownership of the vehicle belongs to Party B, and Party B has the right to use it, and can sublease, lend, mortgage, etc.: During the contract period, the ownership of the vehicle belongs to Party B, and Party B can sublease, lend or mortgage the vehicle according to its own needs.

1) Deliver the vehicle agreed in the contract to Party B on time: Party A needs to deliver the vehicle to Party B at the time agreed in the contract.

2) Assist Party B in handling vehicle insurance accidents and repairing damaged vehicles: In the process of using the vehicle, if there is an insured accident or damage to the vehicle, Party A needs to assist Party B in dealing with it.

3) Return Party B's vehicle deposit as agreed in the contract: At the end of the contract period, Party A needs to return the vehicle deposit to Party B at the time agreed in the contract.

4) According to the validity period of the contract, if the vehicle is damaged, overdue, lost or stolen, etc., Party B cannot use the vehicle normally, Party A needs to refund Party B's rent and deposit;

1. If during the validity period of the contract, the vehicle is damaged, overdue, lost or robbed, etc., resulting in Party B's inability to use the vehicle normally, Party A needs to bear the corresponding responsibilities in accordance with the provisions of the contract and return Party B's rent and deposit in time. In the case of damage to the vehicle, Party A shall repair or replace the vehicle and bear the corresponding costs. If the damage exceeds the normal wear and tear scope agreed in the contract, Party A needs to bear all the repair costs.

If repairs take a longer time, you should provide a replacement vehicle so that you can continue to use the vehicle.

2. If the vehicle cannot be delivered to Party B due to overdue or lost reasons, Party A needs to notify Party B in time and refund the rent and deposit in accordance with the provisions of the contract. If the vehicle cannot be delivered to Party B due to theft, Party A shall report the case and provide proof of the report. In this case, Party A needs to refund the rent and deposit in a timely manner, and negotiate with the insurance company to settle the claim.

In short, Party A shall bear the corresponding responsibilities in accordance with the provisions of the contract, and actively negotiate with Party B to solve the problem to ensure that Party B's rights and interests are protected.

Contracts that are not lawful are null and void and are not protected by law.

1. A contract in which one party concludes a contract by means of fraud or coercion to the detriment of national interests;

2. There is a contract of malicious collusion that damages the interests of the state, the collective or a third party;

3. The form, content and format of the contract are legal, but the purpose of the contract is illegal;

4. Contracts that harm the public interest;

5. Contracts that violate the mandatory provisions of laws and administrative regulations;

After the contract is invalid or revoked, the infringer shall return the property acquired as a result of the contract; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby, and if both parties are at fault, they shall each bear corresponding responsibility. If the party at fault refuses to pay compensation, the injured party may appeal to the people's court.

Article 44 of the Contract Law of the People's Republic of China.

A contract established in accordance with law shall take effect from the time of its establishment.

Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions.

Article 52 of the Contract Law of the People's Republic of China.

The contract shall be invalid under any of the following circumstances: (1) one party concludes the contract by means of fraud or coercion, harming the interests of the state; (2) Malicious collusion, harming the interests of the state, the collective, or a third party; (3) Concealing illegal purposes in a lawful form; (4) harming the public interest; (5) Violating mandatory provisions of laws and administrative regulations.

Hello, it is generally an invalid clause, depending on the situation.

This agreement has a bit of a standard clause, which is the so-called overlord clause. But it's just to better manage employees.

Questions. Isn't it common to leave a job 30 days in advance, and you have to tell them 2 months in advance.

This is their own regulation, which is not legal, and according to the provisions of the Labor Contract Law, it is a month in advance. The rules and regulations they set are not equal to the law, so leave them alone.

Questions. And they said that they would not deduct the training fee after 1 year.

What have they trained? Generally speaking, there is no training, just extra what they want to withhold.

Questions. However, some people left their jobs after a month, and then deducted 1,000 from that person, and there was nothing to accompany them.

You have to report this to the labor inspection brigade.

Questions. Now I don't know if I will be paid on the 15th of this month, and my salary was undercounted in January, and I will be 8 yuan for overtime hours.

If you have a problem, you should report it to the labor inspection department.

Afraid of what? If you don't sign a contract, you'll be paid double as much.

Questions. Thank you.

You're welcome and I wish you all the best.

The contract does not stipulate a clear amount of wages, which violates the law, and the rest is nothing, that is, the agreement is too general, and those provisions are basically the same as if there was no agreement.

It's easy to leave if you want to, and you can leave three days in advance of the probationary period, whether you agree with it or not. After becoming a regular, you can leave if you resign 30 days in advance, regardless of whether you agree or not.