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Several Legal Issues On Concluding Of Labor Contract

Posted on:2006-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2166360155465444Subject:Law
Abstract/Summary:PDF Full Text Request
Concluding of labor contract refers to legal action which makes their right and duty clear through mutual choice and equal consult between employer and labor who reach an agreement on the labor contract clause .Labor contract plays a significant role in ensuring labor's lawful rights and interests ,and gives play to labor's activity and creativity ,raises work efficiency .strengthen enterprise's vigor .But the provisions of concluding of labor contract in china is too principal and general in our labor law .So it lacks realistic operation .what's more ,with the increasing promptation of market economy ,labor relationship is becoming more and morecomplicated .Our present labor law——especially some provisions of concludingof labor contract can't adapt themselves to present emerging problems ,let alone solve these problems .In practice, many labors often feel that they can't adhere to the right law when they conclude labor contract. They have no choice but to accept employers' contract, which has been, drown up by employers .As a result, their lawful rights are easily infringed on. Some employers even don't sign a labor contract in order to reduce costs .All of these factors make the process of concluding of labor contract extremely confusing. Given that, research and analysis on several legal issues on concluding of labor contract is made to perfect legislation of it theoretically .In practice, it can make the process of concluding of labor contract more normal, orderly, and realistically operative.The study is elaborated by comparison, illustrating giving examples. Analysis on the form labor contract in labor practice is made on the basis of concept and principle of concluding of labor contract .The study suggests that we should refer torelevant provisions in the labor law, then summarize significance of it .The study makes an overall analysis on the basis theory of concluding of labor contract. Firstly, analysize present legislation and existing problems .For example, whether the subject's scope is narrow or not, how to determine its procedure, form and validity of labor contract, then gives some legislation suggestions, for example, public servant and special subjects are excluded, in addition, establishes registration system, report system of concluding of labor contract, written form is not the valid element, makes a preliminary research on fault liability of concluding that is not related to .How to determine detailed clauses has become the focus .So several hot topics on labor contract clauses ,for example ,terms on probation ,no fixed terms ,commercial secrets, profession prohibition ,warranty clause and damages of labor contract .These clauses are mainly commercial ,the clients have wider autonomy .Under the difficult employment ,the lawful rights and interests of labors is easily infringed on .It is very necessary to give some corresponding legislation suggestions ,for example stipulates the application of terms on probation, enlarge the application of no fixed terms ,disapproves labor contract's warranty some measure limiting liquidated damages, and put substantial equality ,readiness ,and justice into effect in the labor contract and at last realize essential equality .
Keywords/Search Tags:labor contract, conclude, procedure, form, suggestion
PDF Full Text Request
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