Study On Employers' Duty Of Disclosure From The Perspective Of Labor Law

The employer's obligation to disclose is the most crucial element in the process of establishing an employment relationship between the employer and employee,and closely associated with the employee's interests.The employer's performance of obligation to disclose not only protects the employee's right to know,but also facilitates the establishment and development of a harmonious employment relationship.However,in legislation,the employer's obligation to disclose is just mentioned in Article 8,Labor Contract Law of the People's Republic of China.As a result,there are only few papers studying the employer's obligation to disclose in the academic circle.In addition,most existing papers focus on the employer's obligation to disclose in the recruitment process,as specified in Article 8,Labor Contract Law of the People's Republic of China.Thus,the employer's obligation to disclose was studied in this paper through following methods:document research,integrating theories with practice,comparative analysis and value analysis.The employer's obligation to disclose in China was discussed in three parts.The first part was about basic theories of the employer's obligation to disclose.The concept of the employer's obligation to disclose was introduced;deficiencies of China's legislation regarding the employer's obligation to disclose were pointed out;and the significance of improving China's legislation regarding the employer's obligation to disclose to human rights protection,theory diversity,social stability and economic development was explained.The second part was focused on the conclusion,performance and dissolution of the labor contract between the employer and employee.In this part,problems in China's legislation regarding the employer's obligation to disclose were described in detail:firstly,in the process of entering into the labor contract,disclosed contents are excessive while there is a lack of details and clear legal responsibilities;secondly,in the process of performing the labor contract,the ways of disclosing are limited and relevant regulations are disordered;thirdly,legal rules regarding the employer's obligation to disclose after the dissolution of the labor contract are too few and scattered,and it's difficult to implement these rules;and finally,the supervision is insufficient and there is a lack of effective punitive measures.The third part is the inform obligation legislative Suggestions to perfect our unit of choose and employ persons,according to the specific problems,from the second part sums up the told the increase of the content,inform the details of the supplement,inform way diversification,and the corresponding increase of specific legal responsibility and form a complete set of perfect punishment and supervision measures and perfect relevant legislation,to unit of choose and employ persons better fulfill their obligation to inform and protect legitimate rights and interests of workers.