Affirmance Of Invalid Labor Contract

People oriented of work means laborer oriented, and the harmonious relationship of employee and employer is important to social harmony, the country intervenes in and negates the invalid labor contract to a great extent in order to ensure laborer rest, reward and social security rights. But Labor Law stipulates very strict invalid labor contract standard, which will not improve the labor contract overall efficiency , on the contrary make large amount of labor contracts be declared null and void because of lacking legal elements. As a result the Labor Law can't effectively protect the laborers.The labor contract is very important by which the laborer achieves employment right. It is the basis on which the laborer living right comes true Invalid labor contract system contains affirmance of invalid labor contract, disposal of invalid labor contract and legal consequence of invalid labor contract and so on. Study on invalid labor contract system has something to do with peculiar attribute of labor contract. There are four parts in this dissertation:Part I points out the peculiar attribute of the invalid labor contract as the logical jumping-off point of this dissertation by comparing the invalid labor contract and invalid civil contract.Part II illustrates the types, organizations of affirmance and legal consequence of invalid labor contract in our country's Labor Law, and analyzes mostly the conditions of invalidation in order to discover problems in existing regulations;Part III analyzes the interrelated regulations in Germany and Britain and emphasizes the referring significance by comparing invalid labor contract systems of China and foreign countries. It seeks after the value of the invalid labor contract system through the history and judicial practice of the invalid labor contract in our country; Part IV illustrates the disposal principle of invalid labor contract, which guides and remedies the affirmance in practice. Then it reconstructs the detailed affirmance measures and legal consequences of the invalid labor contract in our country.