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Look For Invalid Employment Contract For Graduates

2010/9/2 17:30:00 39

Graduate Employment Contract

1. An oral contract.


Individual foreign funded enterprises, private enterprises and collective enterprise operators, because of their own needs, do not deliberately conclude labor contracts with job seekers when recruiting, only making simple oral agreements.

Because most job seekers cherish this employment opportunity, they generally dare not ask for or insist on signing the labor contract.

Thus, once disputes arise, the rights and interests of job seekers will be impaired.

The nineteenth article of China's labor law clearly stipulates: "labor contracts should be concluded in written contracts."

Therefore, the verbal agreement has no legal effect in our country.


Two. Unfair contracts


The labor contract stipulated by some employers and laborers is obviously inclined to be employed by one of the terms stipulated in the labor contract. This situation is quite common at present, which should arouse the attention of job seekers.

When signing a labor contract, job seekers must examine them one by one, and refuse to reject unreasonable or unfair ones.


Three, coercive contracts


When some employers recruit workers, they force laborers to pay large sums of money and risk money, and coercion workers to enter into voluntary agreement with them in an attempt to conceal their illegality in written agreement.

The seventeenth provision of the labor law stipulates that labor contracts should be established on the principle of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.


Four. Collateral guarantee contract


Some enterprises, in order to restrain the behavior of labourers, and stipulate labor contracts with laborers, insist on signing another "guarantee", which is to force laborers to accept some unreasonable rules and conditions, and use the guarantee as an appendix to the labor contract to restrict workers.


Five. True and false contracts


In order to deal with the supervision and management of labor arbitration departments, some foreign-funded enterprises, private enterprises or collective enterprises have signed two real and false contracts with laborers, in line with the relevant provisions of the "fake contract" to meet the inspection of the labor management department. Actually, they use the labor contract which is not standardized or even illegal according to their own wishes to restrict the laborers.


Six. The labor contract with mortgage nature.


In order to prevent workers from "job hopping", some employers require workers to use their ID cards, files and cash as collateral or even detain workers' benefits or wages when signing labor contracts.

This practice not only violates the relevant national policies and regulations, but also seriously damages the rights and interests of workers.

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