Whether The Contractual Liability Has Legal Effect Or Not

Mr. Li was doing car sales in Shenyang. In March this year, Mr. Li accidentally ran into the vehicle in front of him when he tried to help the customer, causing a traffic accident.

Because Mr. Li's work often needs to be driven on the road, Mr. Li signed an agreement with the company when he entered the company. He agreed that if the traffic accident happened on the road, the employee would take the responsibility on his own.

"Is this agreement reasonable? Do I have to shoulder the responsibility for the accident myself?" Mr. Li said.

The reporter consulted Qi Ruilong, lawyer of Liaoning Tong Ze law firm, and lawyer Qi said that, according to the twenty-sixth provision of the labor contract law, the following labor contracts were invalid or partially invalid: one is to make or change labor contracts in violation of the true meaning by fraud or coercion or by taking advantage of danger; two, it is the employer's legal responsibility to remove itself and exclude the rights of laborers; three, it violates the mandatory provisions of laws and administrative regulations.

In connection with the case, the employer has removed its legal liability when signing a labor contract, and completely excludes the rights of laborers. This agreement is not legally effective.

From the perspective of the accident itself, it is caused by work and belongs to the duty. It should be held by the employer.

As for how the accident liability should be specifically undertaken, it should be issued by the traffic police department.

The written confirmation of liability shall prevail.

In addition, the need to remind is that

and

It has no legal effect to stipulate that it does not buy social insurance, stipulates that workers do not have the right to terminate labor contracts in advance, and workers who are injured by industrial accidents bear their rights.

Related links:

Yan Mou worked in the Logistics Department of a company, signed a full-time labor contract for 3 years, worked 6 hours a day, and paid 2800 yuan a day.

In order to earn more money to subsidize the family, Yan also asked for a part-time job.

I learned that there was a porter's night shift work in the community kindergarten, which is commonly known as "sleeping class".

After half a year's work, the company learned about Yan's part-time job. He thought that Yan's evening duty would affect his rest and distract his work force, so he issued a written notice ordering him to quit his part-time job in a week, otherwise he would terminate the labor contract according to law.

Yan Mou thinks he is working part time in normal rest time, and is a "sleeping class", which has no effect on the normal work of the company during the day.

Unexpectedly, a week later, the company really lifted the labor contract with Yan.

Yan Mou disagrees with the company's decision to dismiss and applies for labor arbitration.

After finding out the facts, the labor arbitration institution rejected Yan's appeal in accordance with the law.

To analyze and analyze part-time employment means that there is labor relationship between laborers and employers. After completing their duties, they should establish similar labor relations with other units in their spare time.

"Labor contract law" thirty-ninth, second, fourth stipulates: "laborers at the same time with other employers to establish labor relations, the completion of the work of the unit's task, or by the employer pointed out that refuse to correct", the employer can at any time to terminate the labor contract.

The sixty-ninth paragraph and the second paragraph of the law stipulate: "workers engaged in part-time employment may conclude labor contracts with one or more employing units, but the labor contracts concluded afterwards shall not affect the performance of the labor contracts concluded before."

As can be seen from the above provisions, part-time jobs are mainly applicable to part-time workers, while part-time workers are strictly restricted.

It is generally believed that part-time workers must meet the following requirements: first, the relevant laws and regulations are not expressly prohibited.

For example, our national civil servant law prohibits civil servants from taking part time jobs; the company law prohibits the senior managers of directors and managers of companies and enterprises and other similar enterprises; two, employers do not explicitly stipulate in the labor contract or rules and regulations that part-time workers are prohibited; three, part-time jobs do not infringe upon the interests of the original employers, and do not affect the completion of their duties; four, after the unit is informed, they are not ordered to stop their part-time jobs.

In other words, if the law or the employing unit explicitly prohibits part time jobs, once the employee has a part-time job, the employer can rescind the labor contract. Although the unit does not explicitly stipulate that no part-time job can be made, the part-time work of the worker affects his job and can terminate the labor contract. If the part-time behavior of the worker does not affect his job, the unit may have ordered him to stop his part-time job after knowing it, and if the worker refuses to correct his own way, the unit may also terminate the labor contract.

In this case, Yan did not take part in a part-time job without permission from the company. Although the sleeping class may not affect the normal work of the company during the day, the problem is that after the company made a request for correction to the deadline, Yan did not change it. Therefore, the company is ordering the termination of its labor contract after the expiration of the term. It is lawful for the labor arbitration agency to reject Yan's appeal.