Analysis On The Legal Principles Of Revocable Labor Contract

The effect of the labor contract is at the core of the labor contract system. At present, Chinese laws in labor relations recognize only two types of labor contracts, the valid and the invalid. The necessity to recognize the revocable labor contract in labor laws has been a controversial issue in labor law circles.Before the enactment of the Labor Contract Law, most of the scholars believed that as the revocable labor contract might soften the mechanism in the effect of labor contract which was too rigid and might better reflect the will of the parties, and was helpful to protect the interests of employees, it should be introduced into Chinese labor laws. Also, some scholars believed that because there were many incompatibilities between revocable labor contract and the specialties of labor relations, revocable labor contract should not be introduced into Chinese labor laws.The legislative process of the Labor Contract Law is a vivid reflection of the academic debate. The law makers recognized the revocable labor contract at the beginning of the legislation. But then the legislators turned to abandoned it in the draft that was promulgated. Instead, the Labor Contract Law improved the mechanism in the effect of labor contract by allowing the parties to rescind the invalid labor contract due to false of declaration of intention. Overall, the thoughts of legislators are more reasonable. But because of the special legislative background and short time span for legislative process, there are some disadvantages in the law's articles.Through analyzing the fundamental principles of labor law and the specialties of labor relations, the thesis has revealed the contradictions between the revocable labor contract and labor relations, and then analyzed the relevant provisions of the Labor Contract Law, trying to discover the reasonability of the improvement of the mechanism in the effect of labor contract, and come up with some suggestions to the Labor Contract Law. The thesis has three sections as follows.The first section has summarized the debate over the revocable labor contract firstly and then introduced the changes of legislators'attitude over it, and finally given a brief analysis on the ideas of the legislators.The second section is mainly theoretical analysis of revocable labor contract which is the key point of the thesis. The author has analyzed the contradiction between revocable labor contract and labor relations deeply beginning from the concept of revocable labor contract, referring to fundamental principles of labor law and the specialties of labor relations.The last section has evaluated the relevant provisions of the Labor Contract Law and proposed author's suggestions. The author analyzed the reasonability of relevant articles from the perspective of the theoretical basis, revealing its weakness and made suggestions.