Whether such a clause in the employment contract is valid

If it does not comply with the provisions of the labor law, it should be invalid.

Formal separation must be made 30 days in advance and all wages must be paid.

Leave the probationary period must be submitted 3 days in advance, and all wages must be paid.

The monthly city management fee of 3 yuan is an arbitrary charge, and you can complain to the labor bureau.

The so-called labor contract will take effect after reaching a consensus according to the agreement between the employer and the employee, regardless of whether the terms are in accordance with the Labor Contract Law, the labor relationship does not apply to the labor contract law, and the labor law applies to civil provisions, so the provision is still valid once the employee signs and agrees! The only restrictions imposed by the labor law are (1) working hours regulations; (2) Labor protection provisions;

Invalid. It is not that the contract is written and executed, it must comply with labor laws.

First of all, it should be clear that the employment relationship between the employer and the job seeker should be defined. A labor contract is an employment contract performed for the re-employment of retirees, and it is not subject to the adjustment of the Labor Law and the Labor Contract Law, in other words, it is not subject to the Labor Law and the Labor Contract Law. As long as both parties agree to the agreement, it can be performed, and if there is a labor dispute, the court will directly accept it, which is a civil act.

The employment contract is different. The above-mentioned issues do not comply with the Labor Law and the Labor Contract Law, and are violations, and you can file a complaint with the labor department to claim your rights.

The terms agreed in the employment contract are valid if they meet the following conditions: the intention is genuine; The actor has the corresponding capacity for civil conduct; It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. The employer shall establish an employment relationship with the employee from the date of employment, and shall conclude a written labor contract for no later than one month.

[Legal basis].Article 143 of the Civil Code of the People's Republic of China.

Civil juristic acts that meet the following conditions are valid:

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.

Lawyer analysisAs a very common contract, as long as all the requirements for making the contract valid are met, the contract can take effect, have legal effect, and be protected by law. Generally speaking, there are three requirements for a contract to be effective:

1. The two parties have reached an agreement on the expression of intent or the hall;

2. Both parties have the corresponding capacity to act;

3. The content of the contract does not violate the law and public order and good customs.

Legal basis: Article 143 of the Civil Code of the People's Republic of China is valid for civil juristic acts that meet the following conditions:

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

2) The meaning is genuine;

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

According to the provisions of the Labor Contract Law of the People's Republic of China, under normal circumstances, the labor contract takes effect after the signature or seal of both parties, but the content of the labor contract is illegal or there are factors such as fraud and coercion when signing the contract, the contract is invalid.

1. What is a valid labor contract in labor relations?

A valid employment contract refers to a legally binding employment contract.

Labor Contract Law of the People's Republic of China

Article 16 [Effectiveness of Labor Contract] The labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

2. Which labor contracts are 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 responsibilities and excludes the rights of employees;

3) Violating mandatory provisions of laws or administrative regulations.

3. What are the differences between an employment contract and a labor contract?

1) The legal nature of the two is different.

The employment contract is the basis for establishing the employment relationship and falls within the scope of the Labor Law; The labor contract is the basis for establishing civil and economic legal relations, and falls within the scope of the Civil Code.

2) The requirements for the subject of the contract are different.

One of the parties to the labor contract is the employee and the other party is the employer; The subjects of the labor contract can be both citizens and legal persons, or citizens and legal persons, and there are no special requirements for the subjects of the labor contract.

3) The status of the subject of the contract is different.

After the labor contract is signed, the employee becomes a member of the employer.

The relationship between the parties is subordinate, and there is no subordinate relationship between the subjects of the labor contract, and the two parties are always independent and equal subjects who perform their obligations under the contract in their own names.

4) The content of the contract is different.

A party to the labor contract and the employer shall provide the employee with labor conditions and labor protection articles that comply with the provisions of the state; It is not necessary for the employment contract to stipulate this aspect.

v) The principles for determining remuneration are different.

In the labor contract, the employer shall pay labor remuneration and labor welfare benefits in accordance with the quantity and quality of labor and the relevant regulations of the state, reflecting the principle of distribution according to work; The labor service ** in the labor contract is paid on the basis of the principle of equal compensation.

In judicial practice, whether it is a labor contract or other civil contracts, signing a contract does not mean that the contract must be legal and valid, and it is necessary to understand the relevant legal system before signing the labor contract, and if the labor contract is invalid, the employee can refuse to sign it.