Collateral Duty In Labor Contract

As China's rapid economic development, large numbers of companies have quickly sprung up and grown up. Their needs of employment are rapidly expanding, meanwhile, labor mobility also increased significantly. This situation not only made the labor dispute case a growing trend, but also change the nature of their dispute range from the previous dismissal, resignation, wages and other disputes to a broader range of confidentiality obligations, and a considerable portion of labor disputes were caused,because the parties of the labor contract go against the collateral duty in labor contracts. Facing the complicated cases of labor dispute, China has promulgated the "Labor Law of People's Republic of China", and" Labor Contract Law of People's Republic of China " in succession, but these two laws are not yet to be fundamentally solved the practical problems of the collateral duty in the process of the labor contract, It has to be a pity to "Labor Contract Law" which is as a focus on solving disputes.However, because people is lack of awareness about the collateral duty, additionally the collateral duty itself has the uncertainty characteristics, it has been a unavoidable and realistic problem to its existence and judicial practice. It can clearly be seen that it has become very urgent and necessary to have a more systematic study and discussion about the theory of labor collateral duty, both in theory and in practice.To address these issues, the author took such cases for example, analyzed related problems that encountered in similar cases, and leads to several common form of collateral duty in labor contract. Combining requirements of the protection obligations with the duty of loyalty of labor relations, summarizing the views of the labor contract collateral duty in this paper, collateral duty in labor contract is defined:Based on the Requirements principle of good faith, loyalty to the labor contract obligations and the obligation to protect both the requirements, even in the labor contract is not agreed between the parties, shall be prescribed by the law nor the circumstances, the parties of the labor contract should also be informed compliance, protection, security And other obligations. Analyzing several specific forms of obligations under the labor contract and the accompanying one by one, such as obligation of truth, obligation of confidentiality and obligation of protection. Meanwhile, related labor contract principles for determining the collateral duty to be elaborated. Finally, the real duty of disclosure, duty of confidentiality to protect the statutory obligation and concludes with recommendations on improving the rules regarding collateral duty in China's labor law.