Does Wuxi labor contract have legal effect?
1. Does Wuxi labor contract have legal effect? Article 18 of the Labor Law stipulates that labor contracts that violate laws and administrative regulations are invalid. An invalid labor contract is not legally binding from the time it is concluded. The invalidity of a labor contract shall be confirmed by the labor dispute arbitration commission or the people's court. The act of attaching evidence between the disputing parties is a civil relationship act. The two sides have not formed employment facts, and the staff of public institutions are not allowed to engage in business activities part-time in the enterprise according to regulations. Moreover, the affiliated behavior itself is controversial in practice and there is no law to recognize it. Therefore, even if both parties sign a labor contract, it is not legally binding within the scope of labor relations. The arbitration commission shall, in accordance with the provisions of the labor law, confirm that the labor contract signed by both parties is invalid, and make a ruling rejecting the applicant's arbitration request. 2. What are the criteria for determining labor relations? Regarding the legal phenomenon of affiliated construction, the Supreme People's Court thinks that the construction contract signed by the employer and the contractor is invalid under any of the following circumstances: "Units or individuals without legal qualifications use the construction contract signed with the construction unit in the form of subcontracting such as affiliated construction, joint venture and internal contracting". The so-called labor contract relationship mainly refers to the following three standards: 1, the employer and the employee meet the subject qualifications stipulated by laws and regulations; 2. Workers accept the labor management of the employer and engage in paid labor arranged by the employer, and the labor rules and regulations formulated by the employer according to law shall apply; 3. The labor provided by laborers is an integral part of the employer's business. These three standards actually include the investigation of "employer", "labor behavior" and "laborer". "Employer" must be "enterprise, individual economic organization, etc." In China's labor law. And "labor behavior" is a process in which workers engage in specific labor and get paid under the management of employers. "Laborers" should also have legal qualifications. To sum up, there are many cases of linking labor contracts in Wuxi construction industry. Those who hold the qualification certificate do not participate in the actual work, but only sign a superficial contract to realize the certificate hook. This does not meet the requirements for the entry into force of the labor contract and has no legal effect, so the court will not protect it. Let me remind you here that there are certain risks, so it is best not to try.