On Labor Relations In The Sight Of Relational Contract

Labor relations,after experiencing the transformation "from status to contract",continued to face the reality which named "from contract to status".Classical contract theory is sterile in explaining the multiple attributes of the labor relations,but relational contract theory provides a new perspective of interpretation.In the whole labor relations,choice,exchange and the future consciousness are interweaving,and contract is always the essential attributes of the labor relations.However,labor relation is a long-term contract which is incomplete,and needs adjusted by relationship norms,social norms and legal norms together.By the help of relational contract theory,we can untangle and confirm the character of labor relationship rationally and objectively,and supply the theory foundation for labor legal system.Thus,article introduces the relational contract theory to study the essential attributes of the labor relations,then survey the institution arrangement,finally,put out the evaluation.Chapter I,the historical development of labor relations and intrinsically restoring.Through investigating the history of labor relations in the development process,this chapter reckons that the classical contract theory should be developed,and add the perspective of relational contract to the study of labor relationship.Employment/labor relationship,after experiencing the transformation "from status to contract",continues to face the reality which being named "from contract to status".The equality of subjects and freedom of contract as the core theory and premise in the classical contract theory,are in the breakthrough and variability.The classical contract theory is not adequate enough for interpreting the multiple attribute of labor relations.As a system,contract law should not be closed and rigid,but needs to keep renewing,varying,and open constantly.So,the study of contract should be transferred into the vision of the relational contract,only in this way,we can grasp the essence of labor relational contract.Charter Ⅱ the study of relational contract.This section explains the basic content of the relational contract theory and to evaluate.By the comparison of classical contract theory and relational contract theory,article tries to illustrate the basic content.Is the core category agreement or relationship,the original type of contract discrete or relational,the keystone discrete norm or relational norm,the relation of contract law and society deviating or reflecting?The answers to all these questions are different in the two areas of classical contract theory and relational contract theory.Section 2 of this chapter analyses the contribution of relational contract theory to the development of contract law.Relational contract theory,by the response to the new contract problem,makes up the limitation of classical contract theory,and promotes the further progress of it.Relational contract theory illustrated "contract law will never die",and further demonstrated "the regeneration of the contract law".At last,relational contract achieves the value pluralism of contract law.Relational contract scan the contract behavior and rules from the aspects of society and reality,so,it is supposed to take the value pluralism as its own theory aim,and realize the solidarity and equality of contract law.CharterⅢ the essence of labor relations on the aspects of relational contract.On the ground of the previous reasoning,this charter expatiate the essence of rational contract from the aspect of labor relation.Being different from the normal contract relations,labor relation does more accord with the rational contract.The subject of labor relation,is concrete and entitative,and labor relation is a sustainable and long-term contract with incompleteness.In the labor relationship,both parties particularly emphasize on the sharing of benefits and burdens during the whole process.The long-term relationship is often accompanied by the "special investment for deal",and contract law should response to the situation to restrain the both parties from terminating the relationship.Labor relations in exchange is at least partially difficult to monetary or quantitative,and this is quite distinguished from the classical contract theory which deemed the contract as a simple commodity exchange.All the above makes labor relations and relational contract had a high degree of fit,and the labor relation had the typical relational contract character.Charter Ⅳ the solidity of labor relations in the vision of relational contractThis chapter inspects the labor law system,through enlightening the value of relational contract on relational solidarity,then,makes the interpretation and evaluation.On the view of rational contract,contract is the instrument for both parties to realize their interests,and also the way to improve the social cooperation.Contract law is supposed to avoid the opportunistic behavior,and promote the collaboration between parties.Initially,in the labor relationship,the internal source of contract unity mainly reflected on the standardization and balance of different parties’ rights and obligations which is settled by the employer department’s internal regulation and the collective contract coping.Secondly,the relation maintaining norm is the extension and consolidation of relation unity norm.The relation maintaining norm is the pivot of relational contract law.The efforts to maintain labor relations in labor laws and institutional are mainly materialized in the following aspects:the trend of Long-term labor contract,flexible labor relations adjustment mechanism(including rescindable labor contract and the reasonable construction of multi-resolution mechanism for labor dispute),the restraint of Unilateral right of termination of labor relations,and the special protection of assets when labor relations terminate.Charter Ⅴ the equality of labor relations under the vision of relational contract.Through the relational equality that the relational contract pursuits,this charter indicates the relevant institution arrangement in the labor law system,and gives the interpretation and evaluation.First,the ascertainment of the labor relationship subject is substantively important to the equality of labor relation.Labor law system should aware the substantive equality among the subjects,and make out concrete system arrangement to overcome the internal imbalance in the labor relations.The definition of workers should comply with the nature of labor relations,to restrain the stronger and help the vulnerable.In addition,we should know that the labor relation is a unity of opposites.Second,the equality of labor relations should pay the same attention to substantive and procedural.The substantive aim of equality of labor relations depends on the system settings of the Labor Standards Law,and protects minimum legitimate rights and interests of the employee by it.The procedural of equality of labor relations requires just process which copes with the fore-notice recession of labor contract.In another way,procedural fairness requires awareness of the power.Thus,labor legislation restrains the employers’ power in the labor relations reasonably.To sum up,author figure out and conceive the labor relations by relational contract theory.The target is to deal with labor relations more clearly and rationally.By putting the labor relations into the comprehensive social background,it is effective for us to cognize the relational norms,social norms and legal norms,and their function.Resolving the unity and opposition correctly,coordinate the Individual autonomy and state intervention suitably,and distributing the interests reasonably through the settings of legal system,preventing the underlying imbalance of labor relation,punishing the opportunistic behavior,encouraging the long-term and reciprocal cooperation,are the basic methods to realize the freedom and justice of labor relations.