劳动合同无效之我见

Research on the Invalid Labor Contract

《劳动法》关于劳动合同无效的规定过于严格,致使众多的劳动合同变成无效劳动合同。本文认为违反法律、行政法规的强制性规定的劳动合同是内容无效的劳动合同。采用欺诈、胁迫的手段订立的劳动合同,如果损害国家利益,自应属无效。但如果仅损害一方当事人的利益,则应属于可撤销的合同。劳动合同没有采用书面形式的,不能仅以此认定为合同无效。对无效的劳动合同应分别适用不当得利制度和缔约过失制度予以处理。

The provision of ' labour law' is so strict that many labour contracts have been invalid unnecessarily. This article holds that labor contracts which violate laws and regulations of administrative statute are invalid labour contents. The labor contract which contains fraudulent and coerce , if it damages the benefit of the country, is invalid. But if it is only harmful to one party, It is an avoidance of contract. Labour contracts which have not written form shouldn't be thought invalid as a regarded. To deal with the results of invalid labor contract, unjustified enrichment system and liability for wrongs in conclusion of contracts should be replied.