Labor Contract Law for Minors, Is the Labor Contract for Minors Valid

Of course, the legitimate rights and interests have been infringed, first of all, according to the state, enterprises are not allowed to collect deposits. Second, enterprises are not allowed to hire minors. The contract he signed for you is valid.

But he violated the prohibition of hiring minors and the prohibition of collecting deposits. Therefore, you can go to the Civil Affairs Bureau to complain. It stands to reason that if you add the deposit, you can probably get about 1,000 yuan.

1.It is illegal to collect deposits and clothing fees and should be refunded.

2. Minors can only be hired with approval under special circumstances such as sports.

3。You can complain about the unit.

Your rights have been harmed Under the age of 18 belong to a person with limited capacityAccording to the provisions of the Contract Law, a contract signed by a person with limited capacity is a contract whose validity is pending if it is concluded within the scope of his or her capacity, that is, a contract that is appropriate to his age, intelligence, and mental condition, or a contract that is purely profitable and does not bear obligations for a person with limited capacity. It can be effectively established without the need for legal recognition by the legal ** person in accordance with the law; If a contract is concluded beyond the capacity to act, it can be established in accordance with the law if it is proved in advance that the legal person is unified; If the contract is concluded beyond its capacity without the consent of the legal person, it shall be validly established after being recognized by the legal person in accordance with Article 47 of the Contract Law. So you can go to your local labor office and file a complaint.

Your problem should be solved, and you can be refunded your money and your salary.

All you have to do is provide evidence that you worked there.

Proof that the other party has hired child labor.

Affirming that the other party is breaking the law.

But are you going to sue a resort with money and backing?

There is also the definition of child labor as being under the age of 16.

Dude, you're not 16 yet?

Those over 16 years old are fine. You can report it to the Labour Inspectorate.

Legal analysis: 1. If a minor is under the age of 8, the contract concluded is invalid in principle. However, it is valid after being recognized by the legal ** person.

2. For minors aged 8-16 years old, the contract signed for pure benefits is valid, and the rest of the contracts are only valid after being recognized by the statutory ** person. 3. If you have reached the age of 16, as long as there are no other defects in the validity of the contract, the contract is valid. Do it respectfully.

Legal basis: Article 145 of the Labor Contract Law of the People's Republic of China Article 145 Civil juristic acts carried out by persons with limited capacity for civil conduct for the sole purpose of obtaining benefits or civil juristic acts commensurate with their age, intelligence and mental health status are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person. The counterpart may urge the legal representative to make a retrospective recognition within 30 days from the date of receipt of the notice.

If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize. Before a civil juristic act is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.

Legal Analysis: Labor contracts signed by minors under the age of 16 are invalid. Minors between the ages of 16 and 18 who rely on their own labor as their main livelihood, are to be regarded as persons with full capacity for civil conduct.

At this time, minors have the right to conclude contracts in accordance with the principle of freedom of contract, and it is not illegal to sign a labor contract with another person, as long as the contract has no other defects in its validity, the contract is valid.

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 A written labor contract shall be concluded for the establishment of labor relations. 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 a labor contract is concluded between the employer and the employee before employment, the labor relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract by order if they reach an agreement through consultation.

Minors who sign labor contracts are valid if they have reached the age of 16. Employers are prohibited from recruiting minors under the age of 16. If an employer illegally recruits child labor, the labor administrative department shall order it to make corrections and impose a fine; where the circumstances are serious, the departments for market regulation are to revoke business licenses.

Arts, sports, and special craft units recruiting minors under the age of 16 must comply with relevant national regulations.

[Legal basis].

Article 15 of the Labor Law of the People's Republic of China prohibits employers from employing minors under the age of 16. Literary and artistic units, sports and special craft units recruiting minors under the age of 16 must comply with relevant state regulations, perform approval procedures, and ensure their right to receive compulsory education. Article 94 Where an employer illegally recruits minors under the age of 16, the labor administrative department shall order corrections and impose a fine; where the circumstances are serious, the departments for market regulation are to revoke business licenses.

If the minor meets the conditions to be regarded as a person with full capacity for civil conduct, the Chi Zheng labor contract signed by the minor in accordance with the law is generally valid; If it is not a person with full capacity for civil conduct, it is generally invalid except for contracts signed by minors in literary, artistic, sports, and special craft units in accordance with law.

Article 15 of the Labor Law of the People's Republic of China prohibits employers from employing minors under the age of 16. Establishments of literature, art, sports, and special crafts recruiting minors under the age of 16 must follow the relevant provisions of the State, complete the examination and approval procedures, and ensure their right to receive compulsory education. Article 16 of the Labor Law of the People's Republic of China A labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties.

A labor contract shall be concluded for the establishment of labor relations. Article 17 of the Labor Law of the People's Republic of China The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

Minors signing labor contracts need to distinguish between different situations, engaging in work such as literature and art, sports, and special crafts, and minors under the age of 16 may be recruited, and labor contracts may be signed. Minors cannot be recruited for other jobs, and they are also not allowed to sign a contract for employment.

Legal basis: Article 94 of the Labor Law.

If an employer illegally recruits minors under the age of 16, the labor administrative department shall order it to make corrections and impose a fine; where the circumstances are serious, the administrative department for industry and commerce is to revoke the business license.

Article 19 of the Civil Code.

Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated ** or with the consent and retrospective consent of their legally-designated **; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.

Article 20 of the Civil Code.

Juvenile barriers under the age of eight are persons with no capacity for civil conduct, and their statutory filial piety is to carry out civil juristic acts.