1. What if there is an overlord clause in the labor contract?
The signed labor contract has overlord clauses that are invalid or partially invalid. If the laborer does not need to abide by it, he may apply to the local human resources and social security bureau for labor arbitration, request that the labor contract be deemed invalid or partially invalid, and ask the employer to correct the relevant provisions. The employing unit shall be liable for compensation if it causes damage to the workers in violation of regulations.
Overlord clause 1: illegal agreement to collect deposit or detain relevant documents.
It is very common for employers to take advantage of the workers' eagerness to find jobs and ask them to provide guarantees in labor contracts or collect deposits from them in the name of deposits, deposits, service fees, training fees and computer fees. Or detain employees' identity cards, academic certificates or personal certificates that can prove their identity, such as temporary residence permits and qualification certificates, to prevent employees from changing jobs.
According to the Labor Contract Law and other laws and regulations, it is illegal to collect deposits, security deposits and mortgage payments from employees in any form, and employees have the right to refuse. If the deposit or seizure certificate has been collected, the employee has the right to demand it back at any time after entering the employer.
Overlord clause 2: unilaterally stipulate that employees should take care of themselves when injured or disabled.
In order to avoid their legal responsibilities, it is very common for employers to stipulate in the contract that enterprises will not be responsible for injuries, illness, disability and death in their work. Most of these enterprises are concentrated in industries with frequent industrial accidents such as construction, chemical industry and machinery.
According to the Regulations on Industrial Injury Insurance and other laws and regulations, compensation for industrial injury insurance follows the principle of no-fault liability. As long as it is not caused by the intentional behavior of the workers themselves, if there is an industrial accident, no matter whether the workers are at fault or not, no matter who is responsible for the injury, compensation should be made according to the prescribed standards.
Overlord clause 3: Restrict resignation, and employees who leave in breach of contract will be charged liquidated damages.
Common employers stipulate in the contract that if a worker leaves his job before the completion of the labor contract, he shall pay liquidated damages in order to demand the worker's salary.
According to the Labor Contract Law, workers have the right to leave their jobs freely. Although the contract has not been fulfilled, employees can terminate the labor contract as long as they notify the employer in writing 30 days in advance. During the probation period, the employer only needs to notify three days in advance to terminate the labor contract.
Second, is the overlord clause stipulated in the labor contract valid?
Invalid.
The establishment of labor relations is different from ordinary civil relations. When concluding a labor contract, the employer and the employee are not completely equal, and the employer is often in a relatively advantageous position. Therefore, relevant laws and regulations stipulate that the contract text provided by the employer shall follow the principle of fairness and shall not harm the legitimate rights and interests of workers. The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation and good faith.
The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
If there is a overlord clause in the labor contract, you can ask the employer to correct it. If the employer refuses to make corrections, it may apply for labor arbitration to confirm that the contract is invalid or partially invalid. In practice, many employers often draw up overlord clauses in labor contracts based on their own advantages, and many workers are treated unfairly, so we should deal with them in time.