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By Labor Contract System's In Personal Fulfillment Principle

Posted on:2011-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q YuFull Text:PDF
GTID:2166360305976001Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The labor contract also calls the labor contract, is a basic legal system in labor law. Our country's labor contract system started the experiment site from the 1980s's intermediate stage, obtained vigorously carrying out in the 90s, until now already in urban and in villages and towns each kind of enterprise widespread implementation. Our country and "Work Law of contract" worked out, the change in "Labor law" to the labor contract, to relieve with the termination has made the quite detailed stipulation, and formed a complete set the labor contract control inspection and the legal liability safeguards this system's carrying out, but to work contract performance particularly labor contract whether could fulfill the aspect not to make the specific stipulation personally, caused this aspect the contradiction also appearance even more.Therefore, establishes in the work contract performance principle fulfills the principle personally and is fulfilling in the principle to be suitable the third person personally to replace the fulfillment system, has its reality necessity. This article fulfills the principle from the definition to obtain personally, then had determined according to the work relations' characteristic fulfills the principle personally the status which cannot lack suddenly in the labor contract fulfillment, simultaneously pointed out that the third person replaces the fulfillment work duty to be the labor contract fulfills the principle personally the essential supplement. Through about fulfills the principle stipulation personally to our country the legislative present situation as well as the existence flaw analysis, performs again to German, Japan, Swiss as well as our country Taiwan area related stipulation analysis, has obtained to our country's enlightenment.Finally pointed out that must establish in our country fulfills the principle to take one of personally labor contract fulfillment basic principles, and establishes the third person to replace the fulfillment system, stipulated that the third person replaces the fulfillment system's constitution important document and the legal consequences.
Keywords/Search Tags:The labor contract, the third person to replace the fulfillment, personally fulfillment
PDF Full Text Request
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