Research On Labor Contract Full-compliance

As the product of socialization of the employment contracts, labor contracts are no longer a kind of common civil contract. There are great differences between the two, with full-compliance feature of the labor contract being one of the most important differences. Owing to inequality of the two parties of labor contract, deviation from the Liberty of Contract principle is often resulted. Facing the powerful employer, individual laborer has no capability of counterbalance. Under the legal cloak of labor contract, the employer may often wantonly hurt the interests of the laborer and thus causing severe injustice. Facing the problem of distortion and missing of the values that law seeks, i.e. fairness and justice in labor contracts, the law must exert the functions it should have, i.e. to make necessary adjustment and regulation of the full-compliance requirement of labor contracts. At present, our country has made certain adjustments and regulations of labor contracts in the legislation, jurisdiction and administration aspects; however, there are still a lot that urgently need to be rectified and improved.In the legislation aspect, till now we still have no special labor contract legislation in our country. Current legislation relevant to labor contract is insufficient, apart from other problems such as misunderstanding of the guiding ideology, missing of basic principle and unreasonable content. In addition, the legislation of collective contracts is lagging behind the actual need, and too much authority is granted to local legislation that inconsistency of relevant laws and regulations is resulted. In the jurisdiction aspect, the mode of First Arbitration Then Court Judgment in dealing labor disputes has shown many deficiencies. The People's Court applies the Civil Procedural Law in adjudicating labor disputes, thus the interests and rights of the laborers cannot be well protected. Further more, the People's Court often lacks the ability to proficiently use the basic legal theories and principles to solve actual disputes, and can only stiffly apply stipulations of relevant laws and regulations. In the administration aspect, the labor supervision department is weak and does not fully exert the function it should have. Lastly, the basic system that is commonly adopted by the countries in dealing with labor disputes, i.e. the Three-Party System in our country has the outstanding problem of lacking the subject and representativeness.The full-compliance feature of the labor contracts, plus missing of corresponding legislation, dissimilation of jurisdiction and weak administration, has caused many disorders and unfairness in the society and has made the laborers who are in a disadvantageous position uncovered with the protection they should have. These problems mentioned above worth our concern and serious study. On the basis of evaluation of the status quo of labor contract rules and regulations, the author puts forth in this thesis his opinions and measures for various deficiencies and abuses, with the hope to discuss how to improve rules and regulations correcting the full-compliance feature of labor contracts.