Study On Invalid Labor Contract

Labor contract system,essence of labor law,is the legal reality to establish, change and exterminate the labor law,and thus plays an important role in maintaining the legal rights both of employees and of employers.At the same time, appropriate use of it can prevent or decrease the labor controversy so as to promote the harmonious and stable labor relationships.This paper is focused on the following aspects:â… .General introduction to invalid labor law contract,including its concept,classification as well as history;â…¡.Analysis of causes of invalid labor law contract,such as unsuitable body,ambiguous meaning,illegal format,and unlawful content;â…¢.Legal result and confirmation of invalid labor law;â…£.Evaluation of invalid labor law in China,including law provision,its positive effects and shortcomings;â…¤.Some suggestions of ways to reform labor law contract,such as modifying standard of invalid labor law contract,allowance of cancelling labor contracts,essential items to regulate labor law,and confirmation of the legal effect of non-written labor law contract.This paper,by appliance of historical analysis and comparative study,analyses problems in labor law making in China and in its appliance.Also,based on the study of regulation of similar laws from other countries,the author has done thorough research on this issue and raised some novel suggestions:with reference to contract law,systematically states the formation of invalid labor law contract due to cheat, threat,misunderstanding,and obvious unfairness;a broader explanation should be given to the invalid labor contract against laws;compensation should be made to the victims;invalid law contract can bring about actual labor relationship;anyone can be bestowed the right to claim invalid labor contract;confirmation of invalid labor contract shouldn't apply for litigation time limited efficacy;the significance of invalid labor law contract in China and problems;paradoxes of definition of invalid labor law according to LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTS:modification the judgment of invalid labor contract:revision of the norms of labor law contract;confirm the legal effect of non-written labor contractIn conclusion,invalid labor law,important as it is,has been ignored and more research is called for upon it.To solve the invalid labor contract issue just in the same way as to terminate and end up the labor law would challenge the authority of law.At the same time,if too rigidly abide by the labor law contract,more invalid labor law contract is a result.Thus,only by treating the labor contract effectively can we maintain the harmonious stability of employment relationship.Once declared as invalid or be cancelled,for lack of important lawful items,the labor law won't take effects from the beginning,just like any other civic contract and there's no significance or use to talk of.It is therefore significant to promote labor contract system,regulate invalid labor contract.