What kind of responsibility is borne for violating Article 16 of the Labor Contract Law?

In case of violation of Article 16 of the Labor Contract Law, the liability to be borne shall be confirmed according to the matters violated.

Article 16 [Effectiveness of Labor Contract].

Article 16 The labor contract shall be agreed upon by the employer and the worker 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.

The employment contract is the legal basis for the establishment of labor relations between the employee and the employer, the basic form for both parties to clarify their respective rights and obligations, and the most direct evidence for the employee to protect his or her legitimate rights and interests. In real life, many employers refuse to return the labor contract belonging to the employee for various reasons, which directly infringes on the legitimate rights and interests of the employee. This is because the employment contract generally specifies the term, work content, working hours, labor remuneration, social insurance, and terms of confidentiality of trade secrets or non-competition restrictions, which are also the basis and proof for the employee to perform the labor relationship with the employer.

If the employee does not have this strong proof in his hand, once a labor dispute arises with the employer, the employee will be in a disadvantageous position to present evidence, and his legitimate rights and interests will be easily infringed. Therefore, this Law stipulates that the text of the labor contract shall be held by the employer and the employee.

Article 5 of the Circular of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System states: "The labor contract may stipulate the effective time of the contract. If there is no provision for the effective time of the labor contract, the date of signature of the parties shall be deemed to be the effective time of the labor contract.

In most cases, the employment contract is formed and entered into force at the same time. The provision in this article that "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 employee on the text of the labor contract" means that the labor contract shall take effect when the employer and the employee sign or affix their seals to the text of the labor contract if the labor contract does not stipulate the effective time of the labor contract. Where the time of signature or seal of the parties is inconsistent, the time of signature or seal of the last party shall prevail.

If one party does not write the time of signing, then the time of signature specified by the other party is the effective time of the contract. The parties to the labor contract shall perform the labor contract according to the starting time agreed in the contract. In some cases, the starting time agreed in the employment contract will be inconsistent with the actual performance starting time, in which case it shall be confirmed according to the starting time of the actual performance of the employment contract by both parties.

Other agreements made by the parties on the entry into force of the labor contract shall not contravene the provisions of laws and regulations.

There are two points to note about the invalidity of an employment contract: first.

1. If part of the labor contract is invalid and does not affect the validity of the other parts, the other parts are still valid. Clause.

2. The invalidity or partial invalidity of a labor contract shall be confirmed by a labor dispute arbitration institution or a people's court. This is often overlooked. Due to the deviation of ordinary people's understanding of the reasons for invalidity, the law restricts the right to confirm invalidity to arbitration and litigation, so as to protect the legitimate rights and interests of both parties to the labor contract.

Article 16 of the Labor Law of the People's Republic of China A labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties.

A labor contract shall be concluded for the establishment of labor relations.

Article 16 Where an employer fails to terminate a labor contract in accordance with the conditions stipulated in the Labor Law or deliberately delays the conclusion of a labor contract, it shall be ordered to make corrections within a specified period of time; If they do not make changes within the time limit, they shall be given a notice of criticism.

Legal analysis: 1. The legal liability of the employer for violating the Labor Contract Law has two parts: one is the economic compensation liability for the termination of the labor contract; The second is the employer's liability for compensation for breach of the labor contract. 2. The legal liability of the employee for violating the Labor Contract Law includes:

1. If the employee terminates the labor contract in violation of the provisions of the labor contract, the employee must bear the training expenses paid by the employer; 2. If the employee violates the confidentiality matters agreed in the labor contract and causes economic losses to the employer, he or she shall pay compensation to the employer in accordance with Article 20 of the Anti-Fair Competition Law; 3. Other compensation expenses agreed between the employer and the employee in the labor contract of the Luji section.

Legal basis: Article 16 of the Labor Contract Law of the People's Republic of China The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.