The Consideration On Completing The System Of Invalid Labor Contract

As invalid labor contract does not have any law enforcement, it can not produce any law effects that a client may expect. However, the present law gives invalid labor contract a definition that directly adopted from that of the Civil Law. In this way the great difference between the civil contract and labor contract was quite ignored, what is more, the definition was too simple and there are not any practical and operative principles about the law effect that resulted from the labor law. In practical cases this will cause trouble easily, and can not realize the function and goals of law. Based on that, I studied the comparative law, used the definition of invalid contracts in Contract Law for reference and considered the particularity of labor contract itself, and put forward my viewpoints, aiming at make the theory of labor contract more complete.There are three parts in this article. It gives an analysis on the principles given by china's Contract Law on invalid labor law, and thus the great defects caused by the principles. The first part is the criterion of invalid labor contract. Based on our present social condition, it gives a detailed description of principles that should be obeyed when signing a labor contract, also the analysis of the cause of invalidity and the effect authentication of the labor contract containing rules that is not normal; the second part is the key part of this article and it gives the regulation of setting up invalid labor contract. It used the definition of cancelable and invalid contract in the contract law, also that of other countries as references. Based on the practicalproblem of cancelable labor contract and labor relationship, I got the idea that now laborers are more than needed, which make unemployment a serious problem, in order to protect their living rights, the labor law should set up cancelable labor contract and make great effort to maintain the existed labor relationship. In addition, as labor contract is of contract nature, we should not only consider it as a contract document, because it is the combined will of both laborers and employers which embodied by the practical labor relationship and law relationship. So in my opinion, when revising the Labor Law in future, we should use the principals of contract form in the contract law, widen it and admit oral contract as well as the contract admitted by actions; The third part is about the consequences of invalid labor contract, and it is divided as the authentication procedure and law consequences. I hold the opinion that as labor law is a combination of public and private law, it has an original aim of so called " inclined law", it is emphasized to protect the rights of laborers who are in an inferior position. When there is really a need to eliminate the practical existed labor relationship which actually has no support on law, usually it should be considered as "contract elimination", but not simply adopt the principles in the Contract Law.