The contract is not in accordance with the law and has no legal effect

Seeing that it didn't help you, I took a look and hoped to give you some help. If the labor contract violates the labor law, it is invalid, and you can report to the labor bureau about the illegal clauses in the contract you signed, and the labor bureau will punish him. In addition, the confidentiality clause is legal, because your job involves the company's trade secrets, so he has the right to require you to keep the trade secrets, otherwise you will infringe.

If you want to leave your job, you can ignore his threats, he has already violated the law, and no lawyer will take such a big risk to fight a lawsuit on his behalf. And if he doesn't pay your wages and security fees, you can apply for labor arbitration, you only need to provide proof of the existence of an employment relationship between you, and your salary card is enough. As for the labor contract, it doesn't matter if he doesn't give it to you, when the time comes, you just need to write an application to the labor arbitration bureau and ask him to provide it, which is not a problem.

I hope you can mine me, if you have any questions, you can ask me ha.

Many of your boss's behaviors violate the mandatory provisions of the Labor Contract Law and are violations.

A contract that violates the provisions of the law is null and void.

1. If the terms of the labor contract violate the mandatory provisions of laws and administrative regulations, they are invalid and not binding on you.

2. But if it is a secret, the employee is obliged to keep it confidential.

3. If you work overtime without paying overtime pay, you can resign and ask for economic compensation.

Your main questions are two: 1. Can you terminate the contract (leave) right now? 2. Can you disclose the trade secret?

First of all, it is certain that you can terminate the contract and leave the company immediately, according to Article 38 of the Labor Contract Law, the employee may terminate the labor contract under any of the following circumstances: (3) the employee fails to pay social insurance premiums for the employee in accordance with the law. According to this article, the employee has the right to terminate the contract at any time, which is in order to protect the legitimate rights and interests of the employee and stop the illegal acts of the employer.

Secondly, on the issue of confidentiality fees, you are not allowed to disclose the company's trade secrets before resigning, not only because there is an agreement between you and the company in this regard, but also because of the basic due diligence obligation of an employee. If you resign, you can use your own design, unless the company and you agree on a corresponding confidentiality clause after your resignation. As for whether you can ask for money in this regard, if you have an agreement about a "confidential fee" between you, you can rely on the written agreement to ask for the money that should have been given to you.

Violation of the provisions of the labor law is invalid.

A legally signed contract has legal benefits once it is signed. According to Article 465 of the Civil Code, a contract established in accordance with the law is protected by law. In accordance with the provisions of Article 143, a contract signed under the following conditions is valid:

1) The actor 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. At the same time, it should be noted that Article 154 stipulates that a contract signed by the parties to a contract that maliciously colludes to harm the legitimate rights and interests of others is a strong and effective contract. Article 143 of the Civil Code provides that civil juristic acts that meet the following conditions are valid:

1) The actor 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. Article 465:Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 154:Civil juristic acts where the actor maliciously colludes with the counterpart to harm the lawful rights and interests of others are invalid.

Contracts are divided into valid contracts, invalid contracts, contracts with pending validity, and contracts that can be changed or revoked. So,What happens if the contract signed by the parties is not legally valid?What are the circumstances in which a contract is not legally valid?

1. What will happen if the contract signed by both parties has no legal effect?

1. Part of the contract is invalid, which does not affect the validity of other parts. A contract that is invalid or revoked is not legally binding ab initio. If part of the contract is invalid and does not affect the validity of the other parts, the other parts shall remain valid.

2. Clauses that do not affect the partial settlement of disputes in the contract. If it is invalid, revoked or terminated, it shall not affect the validity of the independent clauses in the contract relating to dispute resolution methods.

3. Compensation for losses. After the contract is invalid or revoked, the property obtained as a result of the contract shall be returned; 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.

Article 157 of the Civil Code stipulates that after a civil juristic act is invalid, revoked, or determined to be ineffective, the property acquired by the actor as a result of the act shall be returned; 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; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions.

2. The contract has no legal effect

There are five circumstances in which a contract may be invalidated:

1. One party concludes a contract by means of fraud or coercion, harming the interests of the state;

2. Malicious collusion to damage 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 the mandatory provisions of laws and administrative regulations.

3. Circumstances in which the pledge contract is invalid

1. If the ownership and right to use the pledged property are unclear or disputed, the mortgage contract shall be invalid.

2. If the pledge is not specified, the mortgage contract is invalid.

3. If the formalities for the pledge of the high-defeat brigade should be handled but not completed, the pledge contract shall be invalid. If a specific thing is mortgaged, the mortgage must be registered. Otherwise, the pledge contract is invalid.

4. If the pledged property is repeatedly mortgaged, the pledge contract shall be invalid. The law stipulates that during the pledge period, if part of the value of the collateral has been pledged without the consent of the creditor, the act is invalid.

5. If the law is circumvented by signing a pledge contract, the pledge contract shall be invalid.

If the contract signed by both parties has no legal effect, the invalidity of part of the contract does not affect the validity of the other parts; The party at fault shall compensate the other party for the losses suffered thereby; Clauses that do not affect the partial settlement of disputes in the contract. The above is compiled for youWhat happens if the contract signed by the parties is not legally valid

Legal Analysis: There are two views on the legal validity of fraudulent contracts: one is that they are invalid.

The Civil Law confirms that legal acts with untrue intentions are invalid in order to protect the interests of the parties whose intentions are oppressed", a concept that originates from Article 58 of the General Principles of the Civil Law of China. Another point of view is that if it harms the interests of the state, it is invalid; Where it harms private interests, it may be revoked.

Legal basis: Criminal Law of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

Article 580:Where one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances:

1) Legally or factually unable to perform;

2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive;

3) The creditor does not request performance within a reasonable period of time.

Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.

Article 581:Where one of the parties fails to perform the debt or the performance of the debt does not conform to the agreement, and performance cannot be compelled based on the nature of the debt, the other party may request that it bear the cost of substitution performance by a third party.

Article 582:Where performance does not conform to the agreement, liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.

Article 583: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses.

Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

A contract has legal effect if:

1. Both parties have the corresponding civil capacity for excavation and reform;

2. The intention of the contract is true;

3. The terms of the contract do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

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 actor has the 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.

Article 146.

Civil juristic acts carried out by the actor and the counterparty in the judgment with false expressions of intent are invalid.

The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Legal analysis: refers to the legal binding force of a contract that is established in accordance with the law and protected by law, and the parties to the contract must perform their obligations under the contract, that is, the legal effect.

Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with the law shall take effect immediately, unless otherwise provided by law or agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

In accordance with the provisions of laws and administrative regulations, if the modification, transfer, termination and other circumstances of the contract shall be approved and other formalities, the provisions of the preceding paragraph shall apply.