When is a labor contract considered invalid?

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A labor contract is deemed invalid, or partially invalid, if it is established through fraud, coercion, or by taking advantage of someone in a vulnerable situation, resulting in an agreement that does not reflect their true intent.

Contracts also lose validity if an employer attempts to waive its legal obligations or strip employees of their rights, or if the agreement violates mandatory provisions of laws or administrative regulations.

In case of disputes over the validity of a labor contract or part of it, confirmation must be sought from a labor dispute arbitration organization or a court.

It is important to note that if only part of a contract is ruled invalid, this does not affect the legal force of the remaining terms. The valid sections of the agreement will continue to apply.

 

Source: Official WeChat account of the Shanghai Municipal Bureau of Human Resources and Social Security at "shrsjwx"