On Liability For Fault In Concluding A Labor Contract

The system of liability for fault in concluding a contract is important not only as a part of civil liability system but also as a system in law of obligation. It places the stage of negotiation under the adjustment of law, thus ensures the benefits of well-meaning contract parties, and further enriches and perfects the theory of law of obligation. In the course of concluding a contract, if any of the contract parties goes against legal obligations because of his subjective fault to make the will-be contract can't be signed, void or partially void and the other party's reliance interest damaged, the party with fault should accordingly bear legal liability. If the two parties have no mutual trust, signing a contract is impossible. So liability for fault in concluding a contract is a valuable form of responsibility.As an agreement that establishes the relationship and clarifies the rights and obligations of the employers and employees, labor contract is based on equal discussion and reaching an agreement as well as a result of the parties'common expression of will. So labor contract still has the essential characteristics of contract in law of obligation. However labor contract is different from ordinary civil contract after all. In the course of concluding a contract, the asymmetry between the employers and employees leads to the difference in bearing liability for fault. The tendentious protection to the employees matches the spirit of law and is the necessary result of corrective justice. The establishment and application of liability for fault in concluding a labor contract helps to promote the trust between the employers and employees and the establishment of valid labor contract. The thesis aims at giving a precise definition of liability for fault to a labor contract, analyzing its cause, exploring the legitimacy to bearing the responsibility, making its components and scope of compensation clear so as to help apply it correctly.The introduction of the thesis explains labor contract and liability for fault in concluding a labor contract. Firstly, it analyses the unique legal features of labor contract, which are different from ordinary civil contract; secondly, it explains briefly the related problems of liability for fault in concluding a labor contract.The first part of the thesis gives the definition of liability for fault in concluding a labor contract. First, it discusses its concept and legal characteristics; second, it gives theoretical analysis of liability for fault in concluding a contract and a labor contract, pointing out that there are many differences between them on contract subjects, principle of liability, application and its scope and manner of compensation for damages of reliance interest; finally, it compares liability for fault in signing a labor contract and breach liability in labor contract.The second part of the thesis discusses the cause of liability for fault in concluding a labor contract. It analyses the competition pressure and the pursuit for benefit of both sides in labor contract, which leads to different acts of fault.The third part of the thesis discusses the legitimacy of liability for fault in concluding a labor contract. After the explanations of related theory, it puts forward three aspects, that is, the requirements of principle of good faith, protection of reliance interest and social stability.The forth part of the thesis discusses the components of liability for fault in concluding a labor contract. Labor contract is different from common civil contract. Its components must reflect its essential characteristics exactly and correctly, which will avoid expanding or narrowing its scope of liability to harm the rights and interests of contract parties. Its components include four aspects: (1) the act of any of the contract parties which breaks the pre-contract obligations;(2) reliance interest damages of one side caused by the other side's breaking the pre-contract; (3) cause-effect relationship between reliance interest damages and act of breaking the pre-contract obligation; (4) subjective fault of the party breaking the pre-contract. The fifth part of the thesis focuses on the scope of the compensation of liability for fault in concluding a labor contract. This kind of liability should be limited to the compensation of the damages of reliance interest, which consists of the loss of properties and the loss of opportunities. There is not much controversy in academia about the scope of property loss, but the opportunity loss calculation is a tough problem. The author gives some proposals about the calculation of the loss of opportunity.Finally, in the conclusion of the thesis, the author points out that the establishment of liability for fault in concluding a labor contract not only makes the principle of good faith extend from the stage of performing the contract to the stage of concluding it, but also solves the problem related to damage compensation because of a party's going against the principle of good faith, or the law, which leads to the other party's certain damages. It also helps give courage and confidence to both employers and job-seekers in the labor market. If someone is damaged in the process, the system of liability for fault in concluding a labor contract can provide people with legal relief. At the same time, it reminds workers and employers of good faith in negotiating and being serious to each other, or else because of their fault, they may have to bear adverse legal consequences. The establishment of this system can help promote the relations of labor contract, and maintain the harmony and stability of labor relations.