Labor Contract Service Period Of The Relevant Legal Issues Research

Service period rules as a unit of choose and employ persons limit core laborer leaving law means one, is unit of choose and employ persons limit the right of choosing the embodiment of the freedom of laborer, also be the legitimate rights and interests of labourers be subjected to respect the embodiment. It is not only related to laborer and unit of choose and employ persons between the power of the game, but also relates to the original employing units and new employing unit between strength of competition. Thus, reasonable service system can not only promote the employing units to laborers investment, improve the quality of laborer, thereby enhancing the comprehensive strength of the unit, and finally it can make labor relations become more harmonious society more stable.In order to make labor relations more solid, the labor contract law rules of specifying has strengthened laborer protection efforts. But its terms of service period applicable contract type, the rationality of the service term problems and liquidated damages system set is not comprehensive, this may be as lawmakers to the original intention of personality. Therefore, this article from the current labor law of service period, follow certain system of logical order in the introduction of the basic concepts and the legal nature of the term, on the basis of analysis of the applicable condition and rules specifying rationality and, at the same time, through the introduction of the service system in Taiwan, with the term of our country labor law system of inspection, finally in comparative analysis in the rules specifying the basis of liquidated damages system, pointed out that our country specifying the defects of the system of perfect our service period, and puts forward the suggestion of system of, so as to achieve the balance laborer and unit of choose and employ persons the rights of both parties of the purpose of legislation.