The Research On The Application Of Law About Service Period Rules

The premise, content, and consequences of agreement on the service periodhave been regulated by the "Labor contract law" in the twenty-second article. The"Labor contract law" and other related labor laws and regulations established a set ofservice period rules together. The service period rules can against employment risks,especially can reduce the risk of employer-lossing on the one hand; and can maintainthe interests of workers on the other hand, because of the penalty of service periodonly has the character of compensation. It balanced labors’freedom andemployers’interests about avoiding the risk of human resource, and satisfied thedemand of the society which to be both the free movement of labor and relativestability of labor relations. It can be said that the service period rules has a veryimportant role in labor relations under the framework of the current.However, due to the provisions of the law is not specific, not perfect and evenconflict with each other, there are a lot of problems when appling service periodrules in the judicial practice, and the current research on service period rules mostlyfocused on understanding the nature of the whole and each parts of service periodrules, and there is seldom to study combined with the practice in view of theproblems aim at the application of the service period rules. So I hope that incombination with practical problems arising from the applicable service rules, findthe crux of the behind it, believe that is better for service period rule researchcombined theory with practice, improve service rules applicable situation practically.In this paper, I used the literature survey method, concept analysis method,comparative method, historical method, etc. The research methods at the same time,and adopted the method focusing on the case analysis.Every practical problems leadby related cases, this form does not see more, in the existing dissertation is a form ofinnovation; and on the basis of existing theory, and further puts forward some owntheoretical insights, is a kind of theoretical innovation content. I hope It can improvethe service rules applicable and proceed with the service period of the applied research has positive significance.The first part of this article discussed the premise of service period of rulesagreed service period problem, including the employer to the employee trainingoutside interests and premise agreed service period of the problem and how todetermine the question of whether or not to accord with a standard unit of chooseand employ persons to provide training, pointed out the legislation on service rulesof some loopholes and fill method. The second part discussed the conflict of serviceperiod penalty related by service rules and the training cost compensation whencontract be breached, including the problem that agreed service period and penaltydue to breach of contract and training costs compensation issues at the same timeand the problem that not agreed service period of the training expensescompensation, focused on the conflict of laws between the old and the new aboutservice period, and did the legal interpretation.The fourth part includes some practicebut is an unusual sight in service period rules apply problems worthy of thinking,including service period and probation overlap problem, service agreement in theform of problems and training before they agreed service period, has carried on theexplanation of appling the old method, pointed out the legal blank and legislativeproposals were puted forward in these problems.