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Labor contracts are invalid is an important issue in the labor sector, directly affecting the rights of both employees and employers. Clearly identifying cases of invalid labor contracts helps prevent disputes from arising, ensuring a fair and transparent working environment. In the article below, Long Phan will inform about cases of invalid labor contracts to help employees and employers protect their legal rights according to the law.
When concluding a labor contract, the parties need to comply with a number of basic principles to ensure the legality and validity of the contract. Principles for entering into labor contracts are specifically stipulated in Article 15 of the Labor Code 2019, including:
The determination of invalidity is based on specific legal grounds. Each case of invalidity has its own characteristics that need to be considered. According to the provisions of Article 49 of the Labor Code 2019, the labor contract can be declared invalid in whole or in part. Specifically:
A labor contract is declared completely invalid when:
A labor contract is partially invalidated when the content of that part violates the law, but does not affect the remaining parts of the contract.
When a labor contract is partially invalidated, the non-violating contents are still valid. Violated provisions will be replaced by legal regulations. Workers’ rights are still guaranteed according to regulations. Legal consequences for invalidity include:
Legal basis: Clause 1, Article 51 of the Labor Code 2019, Article 9 of Decree 145/2020/ND-CP.
A labor contract that is completely invalid will have no legal effect. Accordingly, the legal consequences when the contract is completely invalid are as follows:
In cases where a labor contract is completely invalidated due to the person signing it without proper authority or violating the principles of entering into a labor contract:
In cases where the labor contract is completely invalid because the entire content of the labor contract violates the law or the work concluded in the labor contract is work prohibited by law:
Legal basis: Clause 2, Article 51 of the Labor Code 2019, Articles 10, 11 of Decree 145/2020/ND-CP.
Long Phan provides in-depth consulting services on labor contracts. With a team of experts with extensive experience in the field of labor law, we provide services including:
To avoid legal risks related to invalid labor contracts, customers need to consult in-depth advice on labor law regulations. With a team of experienced experts in the field of consulting and resolving labor contract disputes, Long Phan is ready to support you in the above issues. Contact Long Phan immediately via the hotline: 0906735386 for professional advice on labor legal issues.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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