The Research On Labor Contract Enforcement

The particularity of labor contract is the logical start of designing labor contract enforcement system. Labor contract as a kind of contract, has commonness with Civil Law and Business Law, but as a form of given law, it has its own character. Firstly, the subordination nature of two parts in implementation of labor contract making the"contract freedom"in traditional civil law less free. Secondly, labor contract as a kind of tool that the employment right realized is not only laded with the labor's existence profit, but also laded with the drive of social improvement, makes contract interests present the outside. Finally, labor contract as a typical kind of relational contract, with its enforcement has the nature of body and continuity, making the function of traditional contract unrealized fully. So, the treatment of labor contract's valid factors, sanction, invalid effects should have a different criterion from the common civil contract. Holding the appreciation of civil contract enforcement regulation to directly restructure labor contract enforcement system is not good to protect labor's profit and labor contract relationship. The restructure of labor contract enforcement system must start from protecting labor inclinedly and trying to maintain labor contract enforcement, loosing the valid factor of labor contract, affirming the law enforcement of oral and tacit labor contract, and redefining facture labor relationship for respecting the fact of the fulfilled relation of working. Special regulation should be set up and the right of free choice of contract one-sided should to be given to labors. In this way, make the labor contract law while realizing the country standardizes the labor contract behaviorally, ensure the laborer's legitimate rights and interests actively, then the labor contract will be the important foundation stone of the working relation.