I. The invalidity of a labor contract shall be confirmed by the labor dispute arbitration committee or the people's court. Invalid for several reasons:
1. The contract entity is unqualified. The employed party provides false academic qualifications, degrees, professional and technical qualification certificates, and the employing unit does not have recruitment qualifications.
2. The content of the contract is illegal, that is, the labor contract violates laws, regulations and good customs, or harms the national and social public interests. For example, making ice and counterfeit money. Labor contracts containing illegal contents are not protected by law.
3. The meaning is not true. A labor contract is the product of consensus reached by both parties and should be the true expression of the parties' intentions. Labor contracts concluded by means of fraud, threats, etc. It is against the true meaning of one party, so it is invalid.
4. The contract format is illegal. This means that the labor contract is not in written form, the parties have not actually fulfilled their main obligations, or the labor contract that should be authenticated according to law or at the request of the parties has not been authenticated. Under normal circumstances, as long as the parties take remedial measures to legalize the contract formally, the contract can be considered valid.
Second, what is the standard for filing the crime of forging a contract?
1. Sign a contract in the name of a fictitious unit or others;
2, forged, altered, invalid bills or other false proof of property rights as a guarantee;
3. Without actual performance ability, first perform the small contract or part of the contract to trick the other party into continuing to sign and perform the contract;
4. Escape after receiving goods, money, advance payment or secured property from the other party;
5. defrauding the other party's property by other means.
Third, how to compensate for forged labor contracts?
The employer's compensation for forged labor contracts is as follows:
1. If the labor contract is forged, you should find out why the company forged it. If it harms your interests, it is suggested to conduct labor arbitration.
2. If the company fails to provide the labor contract signed by you personally and the company fails to perform the labor signed with you, the company will pay you double salary;
3. Bring the evidence of labor relations, make a written complaint to the local labor security office, and ask for the signed contract.
To sum up, the crimes that may be involved in forging a labor contract include the crime of forging an official seal, the crime of fraud and the crime of perjury, which should be judged according to the actual situation. Forging a labor contract is a crime of perjury, and how to punish it depends on the specific case. If the case constitutes a crime, criminal responsibility may be investigated for perjury.
Legal basis:
Article 224 of the Criminal Code of People's Republic of China (PRC).
Under any of the following circumstances, it constitutes the crime of contract fraud. In the process of signing and performing a contract, the other party is defrauded of property for the purpose of illegal possession. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated:
(1) Signing a contract in the name of a fictitious unit or others;
(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates;
(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;
(4) After receiving the payment for goods, advance payment or secured property paid by the other party;
(5) defrauding the other party's property by other means.
Article 280
Crime of forging, altering, buying and selling official documents, certificates and seals of state organs; Crime of stealing, seizing or destroying official documents, certificates and seals of state organs Whoever forges, alters, buys or sells or steals, seizes or destroys official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Crime of Forging the Seal of a Company, Enterprise, Institution or People's Organization Whoever forges the seal of a company, enterprise, institution or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and shall also be fined.
Crime of forging, altering or buying and selling identity documents Whoever forges, alters or buys or sells resident identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove his identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.