If the employee has signed an employment contract with two units at the same time, which contract is

Updated on society 2024-04-20
4 answers
  1. Anonymous users2024-02-08

    In principle, they are all valid, and if one of them does not agree, the employment relationship can be terminated (no severance payment is required).

    As for the payment of social insurance, social insurance is different from commercial insurance, and China's current law only supports the payment of social security in one place.

    Article 39 of the Labor Contract Law The employer may terminate the labor contract if the employee falls under any of the following circumstances:

    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;

  2. Anonymous users2024-02-07

    If the employee has signed a labor contract with both units at the same time, both contracts are valid, but the company can claim to terminate the labor contract.

    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 legal basis is the Labor Contract Law of the People's Republic of China

  3. Anonymous users2024-02-06

    Hello! If both employment contracts are free of other defects, both contracts are valid.

  4. Anonymous users2024-02-05

    Legal Analysis: In order to earn more for their families, some people sign labor contracts with one company and then establish labor relations with other companies, resulting in two labor contracts being signed at the same time. However, China's law clearly stipulates that a person can only sign one labor contract, and if two labor contracts exist at the same time, the employee will have to bear the corresponding legal consequences.

    The legal basis is the 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 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.

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