On The Interpretative Methodology Of The Labor Contract

Scientific and rational system of labor contract interpretation can make the explaining behavior more objective, and make the concepts of labor relations clear, and specify the rights and obligations of the labor contract.Before interpreting the labor contract, the important questions which must be clear are what the differences around the method or methodology of the legal interpretation and general contract interpretation, and what kind of method is the interpretation method of labor contract interpretation. The question of what are the characteristics of the labor contract interpretation must be solved at first. First, the labor contract interpretation is different from the legal interpretation. For the legal interpretation, the purpose interpretation is to explain the means of the law. For the labor contract interpretation, the purpose interpretation is not in the "Methods" status, but in the guiding principles status, it must always be taken into account. Literal interpretation, the system interpretation, historical interpretation and so on, which have the same names in the field of labor contract interpretation and legal interpretation, have different meanings and applications. In the labor contract interpretation and legal interpretation, different values guiding the use of different methods of interpretation. The true meaning of the parties should be explored to maintain first place of party autonomy and the pursuit of appropriate cases. Whereas interpretation of the law should consider the safety and universality and authority of law, and should consider the pursuit of the realization of spirit of the law. Second, the labor contract interpretation is different from the general contract interpretation. Labor contracts have some special and important concepts which other contracts do not have. When interpret these unique concepts, careful interpretation of using specific methods is required, and the concrete application of the method will be special. The principle of conducive for employees is an important labor law principle, which runs through the labor contract system of interpretation, and is always to guide the direction of the use and extent of specific methods. Third, the interpretation which is not about the legal effect is not the labor contract interpretation. The interpretation of the labor contract is the activity which explores the parties'real meanings. If certain party does not have any real meaning for the legal effect, the interpretation is not in the list of labor contract interpretation. Labor contract interpretation not only for understanding but also includes the legal order of the depth of recognition, so the interpretation of linguistics is not the labor contract interpretation. We only use the interpretation of linguistics as an auxiliary role.Interpretation of labor contract should focus on forming the interpretation system of labor contract, and the scientific and orderly methodology can be applied to explain the activities of the labor contract interpretation. In this paper, there are some examples of the labor contract which in detail on the eight categories of labor contract interpretation and applications. And discussing the relationship between various methods is for constructing an organic labor contract interpretation system. The first method is the language interpretation of the labor contract. This method is based on grammatical rules of the labor contract terms to analyze the meaning of language to explain the content. Literal interpretation approach, first of all explains the application, it does not expand or limit reduced literally means, with the specified direction of interpretation, to explain the framework of the delineation. The second interpretation method is system interpretation of the labor contract. This method is an interpretation to explain the labor contract terms considering other clauses and the standardization of the labor contract law clauses, and systematic and comprehensive anglicizing the meaning of the labor contract terms and content. The prominent role of system interpretation is helping to correctly understand the individual labor contract terms, and helping to coordinate the labor contract conflicts, and helping to maintain the effectiveness of the labor contract. The third interpretation is the expansion of the labor contract interpretation. When the literal meaning of the labor contract is too narrow and not sufficient to show the intention of the parties, it should be widened. This method is similar to the expansion with purpose. In practice, if the expanded explanation can be able to use, it prevail. If it can not account for the result, the expansion with purpose should be applied. The fourth interpretation is the restriction of the labor contract interpretation. This method means that if the literal meaning of the labor contract is wider than the intent of the parties, we take the terms in the narrow ways. There is a similar method which is limitation with purpose. In practice, if the restriction be able to use, it prevail. If it can not account for the result, limitation with purpose should be applied. The fifth interpretation is against interpretation of labor contracts. This method is based on the labor contract agreed upon text of the statement, and derived from different cases which correspond to reasonable expectations of the different legal effects. Not all labor contracts can be applied against interpretation, and if both against interpretation and expansion interpretation can be used, then apply expansion to explain. The sixth interpretation is naturalness interpretation. In the labor contract, some circumstances which are not under the existing agreement should be included within the scope of the agreement that is self-evident and taken for granted. And there is a method which is similar as naturalness named analogy. When applying analogy to a labor contract, fairness and predictability and the principles of conducive to workers must be considered. The seventh interpretation method is the interpretation of history. This method is illustrating the content and meaning of the parties when they entered into a labor contract by studying the background information. When the historical interpretation is used, the recruitment advertising and video or audio propaganda and cover letter can be the reference data. The eighth interpretation method is comparison. This method is comparing the text of other labor contracts in order to explain the results of labor contract. Usually, the labor contracts which singed by the same employer and other workers can be explained the labor contract. Usually, comparative interpretation is the preferred way to explain labor contract.In order to get a dialectical and rational explanation conclusion which is convincing, various methods can not be used independently, but be applied in a cross-mixing way. And the methods should not only follow a certain order, but also support each other.