无效的劳动合同有哪些What are invalid labor contracts
无效的劳动合同有哪些？用人单位与劳动者存在事实劳动关系都应该签订劳动合同，以保证双方权利义务的实施。了解无效劳动合同无论对用人单位还是劳动者都是必要的，劳动合同无效的情形主要有：口头约定合同；一边倒合同；胁迫合同；无保障合同；附带保证合同；真假合同以及抵制性质合同这七类。
一、口头约定合同
个别企业出于自身需要，在招聘时故意不与求职者订立劳动合同，仅作一些简单的口头约定。由于求职者大多很珍惜就业岗位，一般不敢对此提出异议。如此，一旦出现纠纷，求职者权益就将受不损害。我国《劳动法》第19条明确规定：“劳动合同应当以书面合同订立……”，因为，口头约定的合同其实为无效劳动合同。
二、一边倒合同
部分用人单位与劳动者订立的劳动合同，其约定条款倾向于用人单位一方，此种情形目前相当普遍，应引起求职者的重视。求职者在订立劳动合同同时，一定要逐条审查，对一些合理、显失公平的内容应坚决予以拒绝。
提醒：从法律角度说，只要在合同上签了字，就表示对这份合同认可了，并愿意遵守和履行合同。如果以后出现问题和矛盾，只要拿不出你在签合同时单位用了胁迫或欺诈行为的证据，那么可以认定这就是你真实意愿的反映，就不能认为这是一份无效的劳动合同了。
三、胁迫合同
一些用人单位在招工时，强迫劳动者交纳巨额集资款、风险金，并胁迫劳动者与其订立所谓的自愿交纳协议书，企图以书面协议掩盖其行为的违法性。《劳动法》第17条规定，订立劳动合同，应当遵循平等自原的原则，不得违反法律、行政法规规定。
What are invalid labor contracts? Employers and workers should sign labor contracts to ensure the implementation of their rights and obligations in the event of a factual labor relationship. Understanding invalid labor contracts is necessary for both employers and workers. The main situations where labor contracts are invalid include: oral agreement contracts; One sided contract; Coercive contracts; No guarantee contract; Supplementary guarantee contract; There are seven types of contracts: genuine and fake contracts, as well as contracts with a boycott nature.
1、 Oral agreement contract
Some companies intentionally do not sign labor contracts with job seekers during recruitment due to their own needs, and only make some simple verbal agreements. Due to the fact that most job seekers cherish their job opportunities, they generally dare not raise objections to them. In this way, once disputes arise, the rights and interests of job seekers will not be harmed. Article 19 of China's Labor Law clearly stipulates that "labor contracts should be concluded in writing..." because contracts that are orally agreed upon are actually invalid labor contracts.
2、 One sided contract
Some employers and workers sign labor contracts with terms that tend to favor the employer, which is currently quite common and should be taken seriously by job seekers. When entering into a labor contract, job seekers must review each item and firmly reject any reasonable or obviously unfair content.
Reminder: From a legal perspective, as long as you sign the contract, it means that you acknowledge the contract and are willing to abide by and perform it. If there are problems and conflicts in the future, as long as there is no evidence of coercion or fraudulent behavior used by your employer when signing the contract, it can be considered that this is a reflection of your true intention, and it cannot be considered an invalid labor contract.
3、 Coercive contract
Some employers force workers to pay huge amounts of fundraising and risk funds when recruiting, and coerce workers into entering into so-called voluntary payment agreements, attempting to cover up the illegality of their actions with written agreements. Article 17 of the Labor Law stipulates that when entering into a labor contract, the principle of equality and autonomy shall be followed, and it shall not violate the provisions of laws and administrative regulations.