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关于劳动合同的效力问题,一般情况下,劳动合同依法成立,即双方当事人意思表示一致,签订劳动合同之日,劳动合同就产生法律效力;双方当事人约定需鉴证或公证方可生效的劳动合同,其生效时间始于鉴证或公证之日。由于劳动合同的鉴证和公证采取自愿原则,所以鉴证和公证不是劳动合同生效的必经程序。当然也并非所有的劳动合同均为有效,根据法律规定,劳动合同的主体不合法、订立程序或形式不合法、违反法律、行政法规或者采用欺诈、威胁等手段订立的劳动合同不具有法律效力。无效的劳动合同从订立时起无效。淄博市民孙某打来热线电话反映:2000年6月,她与某宾馆签订了为期5年的劳动合同,合同中有一条款:“鉴于宾馆服务行业本身的特殊要求,凡在本宾馆工作的女性服务员,合同期内不得结婚,否则企业有权解除合同。”合同签订后、宾馆让她交纳了3000元的抵押金。去
On the issue of the effectiveness of a labor contract, under normal circumstances, a labor contract is established according to law, meaning that both parties agree on the meaning of the contract, and the labor contract has the force of law upon signing the labor contract. The labor contract, Its effective date begins on the date of forensics or notarization. Due to the labor contract's accreditation and notarization, the principle of voluntariness is adopted. Therefore, the authentication and notarization are not necessary procedures for the entry into force of the employment contract. Of course, not all labor contracts are valid. According to the law, the main body of the labor contract is not lawful, the procedure or form is not lawful, and the labor contract concluded in violation of laws, administrative regulations or using frauds and threats has no legal effect. Invalid labor contract from the time of conclusion invalid. Sun City, Zibo citizen called to reflect the hotline: In June 2000, she and a hotel signed a five-year labor contract, a clause in the contract: “In view of the special requirements of the hotel service industry itself, where the hotel work Female waiter, may not be married during the contract period, otherwise the enterprise has the right to terminate the contract. ”After signing the contract, the hotel let her pay a deposit of 3,000 yuan. go with