On Legal Validity Of Labor Contract

Labor contract is the core of labor relation and its legal validity is thesignificant aspects of labor contract. While the relative regulationsaccordingly to the labor law that is currently in effect in our country is fairlyincomplete and imperfect, as a result, which cannot embody and giveprominence to the fundamental position and function in adjusting laborrelation. The goals of this thesis are balancing the interest of the bipartitelitigants in the labor contract and tallying with the whole interest of the societyeventually through probing into the factors affecting legal validity of laborcontract, and the legal assessment of the labor contract that cannot tally withthose mentioned above, and analyzing the validity expansion of the laborcontract both in content and in scope on the basis of the principle of good faith.We are developing our research through three stages:Chapter 1 is probing into the factors affecting legal validity of laborcontract, namely subject factor, form factor, content factor and the factor ofdeclaration of will.As far as the subject factor concerned, the subject of the labor contract islaborer and employer; the thesis is mainly discussing the former. Thequalification of natural person becoming qualified subject in the relationship oflabor must have the labor capacity for rights and the labor capacity ofdisposition correspondingly. The labor capacity for rights is the capacity orqualification of natural person. The labor capacity of disposition is thecapacity whether the natural person acquires labor rights and labor obligationthrough his or her own activity. The labor capacity of disposition is mainlyunder the consideration of labor age, labor capability and freedom of person.As far as the form factor concerned, there are many disputes in theacademic field on whether it can be the factor affecting the validity of laborcontract. In my view, the legislative in our country claims form essentialelements for the labor contract having a longer deadline for performance,while cannot claim it for the labor contract having a shorter deadline forperformance and of secondary importance through comparatively analyzingfrom positive and negative aspects.As far as the content factor concerned, there are the following aspectsaffecting the validity of labor contract: obligatory provision of the law, socialinterests and apparent unfairness. Where the three aspects are concerned, thepoint is how to restrict their scopes so as to tally with the interests of theparties and the whole society.As far as the factor of declaration of will concerned, it mainly affirmsfraudulence in the labor contract. Generally speaking, the bipartite litigants inthe labor contract should assure authenticity of the information they offeredand reply the important opposites'questions according to the fact on whethersign labor contract, otherwise they are acting fraudulent conduct because theillusory information are informed deliberately.Chapter 2 is probing into the validity of the labor contract that do nottally with legal valid essentials. The labor contract, which signed by the laborsubjects who are not in accordance with subject essentials of labor contract, isinvalid under the consideration of protecting the interests of laborer and thesociety. The law should endow the laborers with the rights of choose the laborcontract whether is valid or not, accordingly to the possibilities of the laborcontract signed by the unqualified employer rectifying; on the contract, it isinvalid.For those labor contract that requires form essentials, if do not tally withthe form essentials, it is not always invalid, but is distinguished inaccordance with a variety of circumstances. There are three circumstances asfollowed: firstly, if the labor relation can be verified existing, it will beconformed as the content of the labor contract and will be required to signdocumental contract between the labor and the employer under the superviseof the administrative body relatively; secondly, if the partly content of thelabor contract can not be verified, but the basic labor relation is in existence,the presumption benefiting to the laborer should be given in the light ofapplicable law for labor, collective contract and the verified labor relations;thirdly, the labor relation cannot be verified existing actually, it should be dealtwith as the labor relation de facto.In the traditional contract law, the labor contract acting against contentelements is invalid. In fact, because the standpoint of the social interestsembodied by the norm of mandatory law is different, especially under thecircumstances of the laborer's disadvantaged position in the labor relation, thenorm of mandatory law is distinguished absolute compulsory law andcomparative compulsory law. The labor contract disobeying absolutecompulsory law is invalid, whereas the labor contract disobeying comparativecompulsory law is valid or not accordingly to the result whether do the benefitto the laborer. If do the benefit to the laborer, it is valid; otherwise, it is invalid.The labor contract going against the social benefit is absolutely invalid,because of the social benefit itself being strictly checked by rationality and...