Application Of Format Clause In Labor Contract

Labor contract system is the fundamental system of labor legal relationship, whichis helpful to protect the harmonious development of labor-capital relationship andsafeguard the legal rights of laborer in current times of legalization of marketeconomy.With the advancement of socialized mass production, standard term is used in laborcontract more and more frequently and plays a more and more important role in thecourse of establishing and protecting labor legal relationship. However, applying ofstandard term leads to a series of labor-capital disputes and badly influences thesafeguard of the legal rights of laborer.This article derives from the above problem consciousness, is based on thenecessity that standard term is used to establish labor legal relationship, then analyzescurrent manifestation and causes for problems of applying of standard term. At last,the article talks about reasonable solutions for these problems.Research on the applying of standard term in labor contract, not only helps relevantparticipants realize the positive function and negative influence of standard term forthe development of labor-capital relationship and helps laborer to realize the laborlegal relationship he belongs to, the legal risks he may meet with, the remedyapproaches when his rights are violated, but also helps employer to enhance self-discipline of employment, therefore, promotes the harmonious development ofsocialistic labor legal relationship.This article studies the topic by means of document research and empirical research.On the basis of summarizing the main viewpoints about the topic presented by thedomestic scholars, the author analyzes the problems of standardized labor contracttext from different industries by means of case study. Firstly, affirm the necessity ofthe applying of standard term through ensuring the definition, characteristic and valueof standard term. Secondly, find and summarize manifestation of the problems in theways of tidying relevant documents and consulting contract text. Thirdly, analyze thecauses of problems from the angles of relevant participants. Finally, explore the reasonable solutions from the points of legal system and supporting mechanism, withthe role location of participants.The author realizes that from the above research, it is necessary for resolving theproblems of applying of standard term in labor contract to understand the necessity ofthe applying of standard term adequately and master presentation and essence of theproblems comprehensively, formulate measures according to the causes in the respectof legal system and supporting mechanism to resolve the problems fundamentally.Standard term has its own value and significance, which can be used in the laborcontract just due to the development of labor-capital relationship and its ownadvantages. However, because of the imperfection of the labor legal system in China,the distinction between employer and laborer and the weakness of laborer’s rightsprotection awareness, the problems arise that the contents of standard term is illegal,employer fails to fulfill its obligation as the supplier of standard term, regulatorsupervises the standardized labor contract powerlessly. Hence, only if the completelegal regulation system is established and legislature, judicature and law enforcementcooperate heartedly, can the execution and performance of standardized labor contractbe restrained and supervised fundamentally. Only if the roles of labor union, laborerand employer are located accurately, can the precaution and solution of labor-capitaldispute be supplied with favorable social environment.