If the compulsory contract is invalid and damages are caused, you may claim compensation.
Labor law of the people's Republic of China
Article 2 This Law is applicable to enterprises, individual economic organizations (hereinafter referred to as employers) and laborers who have formed labor relations with them in People's Republic of China (PRC).
State organs, institutions, social organizations and laborers who have established labor contract relations with them shall be implemented in accordance with this Law.
Article 18 The following labor contracts are invalid:
(1) Labor contracts that violate laws and administrative regulations;
(2) Labor contracts concluded by fraud or threat.
An invalid labor contract is not legally binding from the time it is concluded. If part of the labor contract is confirmed to be invalid, the remaining part is still valid without affecting the validity of the remaining part.
The invalidity of a labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.
Article 19 A labor contract shall be concluded in written form and contain the following clauses:
(a) the term of the labor contract;
(2) Work content;
(3) Labor protection and working conditions;
(4) Labor remuneration;
(5) labor discipline;
(6) Conditions for the termination of the labor contract;
(seven) the responsibility for violating the labor contract.
In addition to the necessary provisions stipulated in the preceding paragraph, the parties to a labor contract may agree on other contents through consultation.
Article 31 A laborer who terminates a labor contract shall notify the employer in writing 30 days in advance.
Article 32 Under any of the following circumstances, the employee may notify the employer to terminate the labor contract at any time:
(1) is in the probation period;
(2) The employing unit forces labor by means of violence, threat or illegal restriction of personal freedom;
(three) the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.
Article 36 The state practices a working-hour system in which laborers work no more than eight hours a day and no more than 44 hours a week on average.
Article 37 The employing unit shall, in accordance with the working hours system stipulated in Article 36 of this Law, reasonably determine the labor quota and piecework remuneration standard for the workers who carry out piecework.
Article 38 The employing unit shall ensure that workers have at least one day off every week.
Article 39 If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may take other measures for work and rest with the approval of the labor administrative department.
Article 40 During the following festivals, the employing unit shall arrange employees' holidays according to law:
(1) New Year's Day;
(2) Spring Festival;
(3) International Labor Day;
(4) National Day;
(five) other holidays as prescribed by laws and regulations.
Article 41 The employing unit may, due to the needs of production and operation, extend the working hours after consultation with the trade unions and laborers, which shall generally not exceed one hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers.
Article 44 Under any of the following circumstances, the employing unit shall pay wages higher than the wages of the workers during their normal working hours according to the following standards:
(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;
(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;
(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.
Article 45 The State practices the system of paid annual leave.
Workers who have worked continuously for more than one year are entitled to paid annual leave. Specific measures shall be formulated by the State Council.
Article 52 The employing unit must establish and improve the labor safety and health system, strictly implement the national labor safety and health regulations and standards, educate workers on labor safety and health, prevent accidents in the labor process and reduce occupational hazards.
Fifty-third labor safety and health facilities must meet the standards prescribed by the state.
The labor safety and health facilities of new construction, reconstruction and expansion projects must be designed, constructed and put into production and use at the same time as the main project.
Article 54 The employing unit must provide workers with labor safety and health conditions and necessary labor protection articles that meet the requirements of the state, and the workers engaged in operations with occupational hazards shall undergo regular health examinations.
Article 55 Laborers engaged in special operations must receive special training and obtain special operation qualifications.
Article 56 Laborers must strictly abide by the safety operation rules in the process of working.
Workers have the right to refuse the illegal command and forced risky operation of the management personnel of the employer; Have the right to criticize, report and accuse acts that endanger life safety and health.
Article 58 The State applies special labor protection to female workers and underage workers.
Juvenile workers refer to workers who have reached the age of 16 but not 18.
Article 59 It is forbidden to arrange female workers to engage in underground work, work with the fourth level of physical labor intensity stipulated by the state, and other jobs that are taboo.
Article 60 Female workers shall not be arranged to engage in high altitude, low temperature, cold water operation or the third-level physical labor intensity stipulated by the state during menstrual period.
Sixty-first female workers shall not be arranged to engage in the third-level physical labor intensity stipulated by the state or the labor that is forbidden during pregnancy. Female workers who have been pregnant for more than seven months shall not be arranged to extend their working hours or work at night.
Article 62 Female employees shall enjoy maternity leave of not less than 90 days.
Sixty-third female workers shall not be arranged to engage in other jobs with the third-level physical labor intensity stipulated by the state and taboo during lactation, and shall not be arranged to extend their working hours and work at night.
Article 64 underage workers shall not be arranged to engage in underground, toxic and harmful labor with the fourth level of physical labor intensity stipulated by the state and other jobs that are forbidden.
Article 65 The employing unit shall conduct regular health check-ups for underage workers.
Article 85 The labor administrative department of the people's government at or above the county level shall supervise and inspect the employer's compliance with labor laws and regulations according to law, and have the right to stop the violation of labor laws and regulations and order it to make corrections.
Article 88 Trade unions at all levels shall safeguard the legitimate rights and interests of workers according to law and supervise the employers' compliance with labor laws and regulations.
Any organization or individual has the right to report and accuse violations of labor laws and regulations.
Article 89 If the labor rules and regulations formulated by the employing unit violate the provisions of laws and regulations, the labor administrative department shall give a warning and order it to make corrections; If it causes damage to workers, it shall be liable for compensation.
Article 91 Where an employing unit infringes upon the lawful rights and interests of workers, in any of the following circumstances, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may also order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) Refusing to pay overtime wages to laborers;
(3) Paying workers' wages below the local minimum wage standard;
(4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract.
Article 92 If the employer's labor safety facilities and labor hygiene conditions do not meet the national requirements or fail to provide necessary labor protection articles and labor protection facilities to the workers, the labor administrative department or relevant departments shall order it to make corrections and may impose a fine; If the circumstances are serious, it shall be submitted to the people's government at or above the county level for decision to suspend production for rectification; If no measures are taken against hidden dangers of accidents, resulting in serious accidents and loss of life and property of employees, the criminal responsibility of the responsible personnel shall be investigated by applying mutatis mutandis the provisions of Article 187 of the Criminal Law.
Article 97 If an invalid contract is concluded due to the employer's reasons, thus causing damage to the laborer, he shall be liable for compensation.