Labor Contract Is Invalid And Labor Remuneration Can Be Obtained.
Respected leaders:
We are laid-off workers. Last year, we signed a labor contract with a company based on the favorable conditions of advertising promotion.
But after work, it found that the working environment was bad, and overtime could not complete the quota. The salary was very low and often delayed.
We should negotiate with the company on the grounds that the labor contract is deceived.
The company agreed to terminate the contract, but it did not pay us two months' wages.
The manager said that the contract was invalid, of course, there was no basis for salary.
Excuse me, can't we get wages if the labor contract is void?
Readers:
According to the eighteenth provision of the labor law, if a contract concluded between an employer and a laborer is a violation of laws, administrative regulations, or by means of fraud or coercion, it is an invalid contract.
According to your letter, you have entered into a labor contract with the company because of false advertising, but the actual situation is far from the advertising content. You have a legal basis for claiming that the contract is invalid on the grounds of fraud.
However, the invalidity of the contract does not mean that labor remuneration can not be obtained.
The fourteenth interpretation of the Supreme People's court's interpretation of several issues concerning the application of law in labor dispute cases stipulates that, in cases where the labor contract is invalid, whether the worker is guilty of the ineffectiveness of the labor contract, the work paid by the worker shall be paid by the employer according to the labor remuneration stipulated in the contract, or by reference to the wage standards of the same period, the same type of work and the same post.
If the employer fails to do harm to the invalid labor contract and causes damage to the worker, he shall also be liable for damages according to the ninety-seventh provision of the labor law.
You can then request the company to pay your labor remuneration and claim compensation for the losses you have caused.
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