【英文专栏】劳动合同无效的法律情形以及法律后果？

According to the relative laws and regulations, the Labor Contract will be deemed ineffective under these three circumstances:

(1) A party uses such means as deception or coercion, or takes advantage of the other party's difficulties to cause the other party to conclude an labor contract, or to make an amendment thereto, that is contrary to that party's true intent；

(2) The employer disclaims its legal liability or denies the employee his rights; or

(3) Mandatory provisions of laws or administrative statutes are violated.

There is no substantive difference between the judgment of ineffective labor contract and the judgment of ordinary contract in identification of ineffectiveness. The ineffective labor contract confirmed by the Labor Dispute Arbitration Committee or the Court has no legal force from the time when it is concluded. When this part does not affect the validity of the rest of the labor contract in the confirmed partial ineffective labor contract, then the remaining part will keep with the legal effect. After the labor contract confirmed that is invalid, when the laborer has already paid his labor, the employer shall pay the remuneration to the laborer, which could be refer to the remuneration of the laborer in the same or similar position of same company.

It should be noted that the labor contract concluded between the employer and the employee by employee uses such means as deception or coercion, or takes advantage of the other party's difficulties to cause the other party to conclude an labor contract, in this case, the Employer can issue unilateral notice of termination of the labor contract to the employee without paying any economic compensation.