If an employer illegally terminates the labor relationship and requires the employee to sign a blank

According to Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the employee under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Lawyer Zhang Yi.

First of all, the behavior of the employer must be illegal, and the contents stipulated in the Labor Law must be agreed upon when signing the labor contract, including working hours, work content, labor contract term, wages, social insurance, working conditions and other agreed matters. Second, the labor contract should be one for the employer and one for the employee. If an employer violates the Labor Contract Law, it shall apply for labor arbitration and request the employer to pay economic compensation.

The employer's practice is illegal, and the employment contract is not established at all.

It can be considered as a fraudulent act and treated as if no contract had been signed.

Go straight to the denunciation, it's against the law!

For specific circumstances, please consult in person, and rights can be protected through legal channels.

Lawyer Chen Zhe.

Legal analysis: The blank labor contract signed by the company is an invalid contract and does not need to be terminated. The following employment contracts are invalid:

The employer exempts itself from its statutory responsibilities and excludes the rights of employees; Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify the labor contract contrary to its true intentions; Violating mandatory provisions of laws and administrative regulations.

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 enter into 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.

Summary. Invalid Oh, dear, it is invalid if you do not sign a formal labor termination contract, and there is still a labor relationship.

Is it valid for an employee to write an application for termination of the employment relationship with the company without knowing it, and not to sign a formal labor termination contract? Is there still an employment relationship?

Invalid Oh, dear, it is invalid if you do not sign a formal labor termination contract, and there is still a labor relationship.

If an employer wishes to terminate a labor contract with an employee in accordance with the law, it shall notify the employee in writing.

If the company unilaterally terminates the labor contract, the employee does not need to sign it.

If the employer terminates the labor contract with the employee and the employee does not agree, the employer may terminate the labor contract with the employee and pay severance if there is a legitimate reason. If there is no lawful reason, the labor of both parties shall not be terminated at will.

Article 19 of the Regulations for the Implementation of the Labor Contract Law stipulates that under any of the following circumstances, in accordance with the conditions and procedures stipulated in the Labor Contract Law, the employer may terminate the labor contract with the employee, terminate the labor contract with the employee, or terminate the labor contract with the duration of the completion of a certain work task: (1) The employer and the employee reach an agreement through consultation.

2) The worker is proved to be ineligible for employment during the probationary period; (3) The worker seriously violates the rules and regulations of the employer;

1. If an employee applies for termination of the labor contract, the employer shall terminate the labor contract in accordance with the burial method (and it is not necessary to terminate the labor contract within 30 days, the employer can terminate the labor contract at any time within the statutory time limit), and the labor relationship will no longer exist after the termination of the labor contract.

2. Although the employee applied for the termination of the labor contract, Shang Xianghui still had an employment relationship with the employer before going through the formalities for terminating the labor union. On the day when the employer terminates the labor contract, the labor relationship shall continue before 24 o'clock on the same day.

The resignation report has been written, and the employer can terminate the contract. After the termination, there is no longer an employment relationship.

Summary. Glad for your question, the company does not sign the labor contract, the employee is forced to unilaterally terminate the labor relationship, and the company has no right to require the employee to go to work.

If the company does not sign the labor contract, and the employee is forced to unilaterally terminate the labor relationship, does the company still have the right to require the employee to go to work?

Glad for your question, the company does not sign the labor contract, the employee is forced to unilaterally terminate the labor relationship, and the company has no right to require the employee to go to work.

Extended information: Since the employee is forced to leave the job, the employer does not want the employee to continue to work, so he generally does not go to work. Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations, (2) Disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts, (3) Disputes arising from removal, dismissal, resignation and resignation (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection, (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc., (6) Other labor disputes stipulated by laws and regulations. Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated. Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended.

The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated. If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article, but if the labor relationship is terminated, the application shall be filed within one year from the date of termination of the labor relationship.

Article 19 of the Labor Contract Law stipulates that under any of the following circumstances, the employer may terminate a fixed-term labor contract, an indefinite-term labor contract or a labor contract with a term of completion of a certain work task with the employee in accordance with the conditions and procedures stipulated in the Labor Contract Law

1) The employer and the employee reach an agreement through consultation;

2) The worker is proved to be ineligible for employment during the probationary period;

(3) The worker seriously violates the rules and regulations of the employer;

4) The worker is seriously derelict in his duties, engages in malpractice for personal gain, and causes major damage to the employer;

5) 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;

6) The worker uses fraud, coercion or taking advantage of the danger of others to cause the employer to conclude or modify the labor contract contrary to its true intentions;

7) The worker is investigated for criminal responsibility in accordance with law;

8) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

9) The worker is not competent for the job, and is still incompetent for the job after training or job adjustment;

10) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation;

11) The employer carries out reorganization in accordance with the provisions of the Enterprise Bankruptcy Law;

12) The employer has serious difficulties in production and operation;

13) Where an enterprise still needs to lay off personnel after changing its labor contract, or after changing its labor contract, it is necessary to reduce its personnel;

14) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

As a human resources department, you can terminate the labor contract with the employee in accordance with laws and regulations.

Summary. Hello, happy to answer your <>

If the company terminates the labor contract in writing to the employee, but the employee does not sign the termination of the labor contract due to the unreasonable content of the contract, then the contract will not have legal effect. If the company requires the employee to execute, the employee may file a labor dispute arbitration with the labor dispute arbitration commission and request the company to pay the cost of terminating the labor contract in accordance with the standards stipulated in the labor law.

If the company terminates the labor contract in writing to the employee, but the employee does not sign the contract due to unreasonable content, the employee.

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If the company terminates the labor contract to the employee in writing, but the employee does not sign the termination of the labor contract due to the unreasonable content of the contract, then the contract does not have the effect of legal sale. If the company requires the employee to do so, the employee may file a labor dispute arbitration with the Labor Dispute Arbitration Committee and request the company to pay the cost of terminating the labor contract in accordance with the standards stipulated in the Labor Law.

Legal basis: Article 502 of the Civil Code stipulates that a contract established in accordance with the law shall take effect when it is purely established, unless otherwise provided by law or otherwise 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 the formalities such as approval affects the effectiveness of the contract, it shall not affect the validity of the provisions in the contract such as the performance of the obligation to submit for approval to cover filial piety and related 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.