Studies On The Service Period Item Of The Labor Contract

The purpose of the service period item while employers and employees making labor contract is for the sake of stabilizing the relation between employers and employees and restricting employees'resigning right. However, there are too many social traces in the current labor contract law and the local legislation concerning the provision of the service period, which not only restrict the parties'autonomy right, but also hinder the mature and perfection of the system of service period of the labor contract. How to adjust and regulate the rights and obligations of employers and employees is the subject of the article. Firstly, the author clears the meaning of service period item and expound default responsibility breaching the service period agreement. Secondly, the author confirms the positive significance of the service period legislation by analysing it's efficacy of the law and points out the defects of the service period legislation. Finally, the author suggests that we should expand the applying range of the service period, regulate the forms and content of it, perfect the liabilities breaching it. We should regulate the service period according to the private law to harmonize the relation between employers and employees and achieve win-win result.