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It is not a legal term for a company to deceive workers. According to Article 38 of the Labor Contract Law, an employee may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
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;
If the employer commits any of the above acts, you can request to terminate the contract and claim compensation from the employer. If not, you also resign a month in advance.
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Is there any evidence? It's useless to just talk. And a little bit of arbitration will not necessarily be supported. If you don't want to do it, it's okay to quit.
Aren't you a painter? Then you must know the dangers of paint. What else does the company need to tell you? The company needs to do a good job of labor protection and good working conditions.
This has nothing to do with the above.
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Legal analysis: If an employer illegally dissolves or terminates a labor contract, it shall pay compensation to the employee in accordance with twice the statutory economic compensation standard, that is, according to the economic compensation standard of one month's salary for each full year of the employee's service in the unit.
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 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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Legal analysis: It is illegal for the company to deceive the employee to terminate the labor contract, and the company illegally terminates the labor contract, and the employee can claim compensation.
Legal basis: Article 48 of the Labor Contract Law of the People's Republic of China Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation to the employee in accordance with twice the standard of economic compensation under this Law.
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When the employer concludes a labor contract, the fraudulent employee can be terminated. If one party has fraudulent means at the time of conclusion of the contract, causing the other party to conclude the contract contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it. A cancelled contract is not legally binding ab initio.
Article 148 of the Civil Code of the People's Republic of China: Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it. Article 149:Where a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should have known of the fraudulent act, the defrauded party has the right to request that the people's court or arbitration institution revoke it.
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Legal Analysis: When an employer concludes a labor contract, the fraudulent employee can be terminated. If one party has fraudulent means at the time of entering into a contract, causing the other party to conclude the contract contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.
A cancelled contract is not legally binding ab initio. ”
Legal basis: Civil Code of the People's Republic of China
Article 148:Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request that the people's court or arbitration institution revoke it.
Article 114: Where a third party commits fraudulent acts, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should have known of the fraudulent conduct, the defrauded party has the right to request that the people's court or arbitration body revoke it.
Article 150:Where one party or a third party uses coercion to cause the other party to carry out a civil juristic act contrary to its true intentions, the coerced party has the right to request that the people's court or arbitration body revoke it.
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