LCL 26, 27, 28, 86; Labor Contract Invalidity

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The following provisions of the Labor Contract Law of the People’s Republic of China (LCL) detail legal stipulations on contract invalidity in labor contracts.

LCL Article 26 Reasons for Labor Contract Invalidity 

The following labor contracts are invalid or are partially invalid if:

(1) any party concludes or modifies a labor contract by way of deception or coercion, or taking advantage of the other party's difficulties, to force the other party to conclude an employment contract, or to make an amendment thereto, that is contrary to that party's true will;

(2) any employer disclaims legal liability thereof or denies the worker's rights; or

(3) any violation of mandatory provisions of laws or administrative regulations occurs.

In the case of any dispute relating to the invalid or partially invalid labor contract, the labor dispute arbitration institution or the people's court shall be responsible for the confirmation.

第二十六条　

下列劳动合同无效或者部分无效：

（一）以欺诈、胁迫的手段或者乘人之危，使对方在违背真实意思的情况下订立或者变更劳动合同的；

（二）用人单位免除自己的法定责任、排除劳动者权利的；

（三）违反法律、行政法规强制性规定的。

对劳动合同的无效或者部分无效有争议的，由劳动争议仲裁机构或者人民法院确认。

LCL Article 27 Severability in Labor Contract Invalidity

In case the invalidity of any part of a labor contract does not affect the validity of the other parts thereof, the other parts shall still remain valid.

第二十七条　

劳动合同部分无效，不影响其他部分效力的，其他部分仍然有效。

LCL Article 28 Remuneration if the Labor Contract is Invalid

Where a labor contract is confirmed as invalid, if the worker has already worked for the employer, the employer shall pay remunerations to the worker. The amount of remunerations shall be determined according to the remuneration to the workers taking up the same or similar posts of this entity by analogy.

第二十八条　

劳动合同被确认无效，劳动者已付出劳动的，用人单位应当向劳动者支付劳动报酬。劳动报酬的数额，参照本单位相同或者相近岗位劳动者的劳动报酬确定。

Article 86 Liability if the Labor Contract is Invalid 

Where a labor contract has been confirmed as invalid in accordance with Article 26 of this Law, if any damage occurs to the other party, the party at fault shall be liable for compensation.

第八十六条　

劳动合同依照本法第二十六条规定被确认无效，给对方造成损害的，有过错的一方应当承担赔偿责任。

Labor Contract Law of the People’s Republic of China

http://english.www.gov.cn/archive/laws_regulations/2014/08/23/content_281474983042501.htm 

中华人民共和国劳动合同法

http://www.mohrss.gov.cn/SYrlzyhshbzb/zcfg/flfg/fl/201605/t20160509_239643.html

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