Legal subjectivity:

Fake labor contracts usually refer to those that do not comply with the provisions of the Labor Contract Law and violate the principles and content of the labor contract. Fake labor contracts cannot protect the legitimate rights and interests of workers. . A fake labor contract is usually judged to be an invalid contract in law. If it causes damage to the other party, the party at fault shall bear the liability for compensation. If the employer's rules and regulations involving the vital interests of the workers violate the provisions of laws and regulations, the Human Resources and Social Security Bureau Corrections will be required based on the actual situation. If workers cause damage, they shall be liable for compensation. Knowledge of relevant laws and regulations: "Labor Contract Law" Article 80 If the employer's rules and regulations that directly involve the vital interests of workers violate the provisions of laws and regulations, the labor administrative department shall order corrections and give a warning; if it causes damage to workers, it shall bear liability for compensation. Article 81 If the labor contract text provided by the employer does not specify the necessary terms of the labor contract stipulated in this Law or the employer fails to deliver the labor contract text to the employee, the labor administrative department shall order it to make corrections; if it causes harm to the employee , should bear the liability for compensation. Article 86 If a labor contract is confirmed to be invalid in accordance with the provisions of Article 26 of this Law and causes damage to the other party, the party at fault shall bear liability for compensation. Article 26 The following labor contracts are invalid or partially invalid: (1) Using fraud, coercion or taking advantage of someone's situation to cause the other party to conclude or change a labor contract against its true intention; (2) The employer exempts itself from legal responsibilities and excludes workers' rights; (3) Violates laws and administrative regulations Mandatory provisions. If there is a dispute over the invalidity or partial invalidity of a labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court. Article 27 If part of a labor contract is invalid, the validity of other parts will not be affected, and the other parts will remain valid. Article 28 If the labor contract is confirmed to be invalid and the employee has already worked, the employer shall pay labor remuneration to the employee. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions within the unit.