On Employment Contract

With the emergence of the service industry and the growth of the private economy, Wage labor that was once thought having the color of "the social class to exploit" by many human even legislator has been occurred quietly under the new politics and economic environment. The employment has been very common, such as the family hiring the nursemaid, the owner hiring the driver, the farmer hiring the human to build a house .But in the labor law, work contract applicable scope is limited, regarding this kind of employment relations to be beyond control, so the contract become the important legal basis for adjusting all kinds of the employment relations in real life, especially the employment of the natural person and the family. But, at present the stipulation of the employment contract is very imperfect, and has many problems. Contract law doesn't stipulate the employment contract, which makes it has no legal basis. Some legal articles have the conflict, and the related judicial interpretation is incompatible, which make it difficult to depend on the law. In the practice, our understanding for the employment nature exists deviation, our comprehension for the conception isn't profound, the implement of law for the disputes is chaotic. Theoretically, although the contract has already entered the civil law scholar's field of vision, but the research continuously is restricted in the concept, the characteristic and the difference of correlation contracts, the deeper level research fruit is rarely seen. With the labor contract law draft passing, the legislation and the educational world turn their attention to the labor contract and discuss it. Facing legal flaw, practical chaotic and theoretical insufficiency, it is necessary to make a deeper research to the employment contract system.The author elaborate the contract system from four aspects through the methods of comparative and historical analysis. The first part is the contract outline. The author summarized firstly the historical development, then accurately carried on the meaning, and expound its characteristics. Compared the employment contract, the entrustment contract, the work contract and thelabor contract. The second part discussed and introduced the legal regulation of the various countries and locals. The author made the brief introduction and the analysis to two big legal systems, and hoped contain profits from them in the future code civil. The third part analysed the present situation of the employment contract. The author discussed all sorts of questions which existed in the contract from legislated and practices ,then clear about establishing the employment contract on the code civil not only have the necessity, moreover have the realistic pressing. The fourth part is that the employment contract is established in our civil law. The author proposed the concrete tentative plan from the main body, both sides' right and duty, the responsibility. At last, the author suggested the future civil code provide the employment in contract section, and make it become the stipulated contract like the business contract, thus cause the law of contract theory to be more perfect, cause the judicial activity to have legal support, has a legal basis.