The termination of the labor relationship agreement violates the contract law and is fraud

If the termination agreement violates the Contract Law, the employee may report to the Human Resources and Social Security Bureau where the employer is located to apply for labor arbitration, request to change or revoke the labor contract, or terminate the labor contract in violation of regulations (the employer needs to pay the employee compensation and pay 2 months' salary for each year of service). ‍

Labor Contract Law

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker 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 in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.

Hello, I am a lawyer, in this case, you can apply for labor arbitration to request modification or revocation.

If the two parties to the labor dispute cannot negotiate, they will first apply for labor arbitration, and if they are not satisfied with the labor arbitration, they will apply to the court for litigation.

Signing such an agreement during the occurrence of a work-related injury violates the mandatory provisions of the law, and the employer excludes its own obligations, infringes on the legitimate rights and interests of the employee, and there is a suspicion of fraud, and it also shows fairness in terms of the agreement itself, so you can apply for labor arbitration, of course, remember to apply for work-related injury determination first, labor arbitration is generally very watery, and if you are not satisfied, you will appeal to the people's court, rest assured, the failure to sign the labor contract is not a big problem, as long as the actual labor relationship exists, it is protected by the labor law, By the way, double wages can be claimed, anyway, the employer is not a good bird.

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. The revoked canopy is not legally binding from the beginning.

Article 140 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.

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.

The rescinded 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.

1. Can the employer terminate the employee who has fraudulently entered into a labor contract?

1. When the employer concludes a labor contract, the fraudulent worker 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. The rescinded contract is not legally binding ab initio.

2. Legal basis: 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.

2. Should employees abide by the principle of legality when concluding a labor contract?

When concluding a labor contract, the principle of legality should be observed, which mainly means that the content of the labor contract should comply with the law, and the following basic principles should be followed when concluding the labor contract:

1. The principle of legality. The principle of legality requires that the form and content of the employment contract be legal. According to the provisions of the Labor Contract Law, unless a full-time employee is employed, the labor contract shall be concluded in writing. The content of the employment contract must have the necessary clauses and the content must not violate the provisions of the law;

2. The principle of fairness. The principle of fairness requires that the content of the labor contract be fair and reasonable, and the employer shall not suppress the employee in a strong position and formulate obviously unfair contract terms;

3. The principle of equality and voluntariness. It means that the employee and the employer have equal legal status when concluding the labor contract, and the labor contract is signed out of the true intention of both the employee and the employer, and is signed out of voluntariness.

4. The principle of consensus. The principle of consensus means that the terms of the contract are reached by both parties through consultation, and neither party may impose its will on the other party, and shall not force the conclusion of the labor contract;

5. The principle of good faith. The principle of good faith is a basic moral principle of society, and people should follow this principle in all aspects of life. The employer and the employee shall be honest and trustworthy when concluding the labor contract, and shall not defraud the other party.

According to the relevant laws, when an employer recruits a worker, it shall truthfully inform the employee of the work content, working conditions, work location, occupational hazards, safety production status, labor remuneration, and other information required by the employee = the employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

Legal Analysis: If the employer commits fraud when concluding the labor contract, the employee can terminate the labor contract. If an employer compels an employee to work by means of violence, threat or illegal restriction of personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer.

Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the labor contract may be terminated as provided 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.