Elementary Introduction To The Legislations Of Labor Contract Suspending

Labor contract suspending means, during the period of carrying out the labor contract, it appears legal or appointed reasons, so the contract can't be carried out temporarily, but the relationship between the contractors exists continuously. Labor contract suspending often takes place in carrying out labor contracts, such as labors are restricted or deprived their freedom for being suspects of breaking the law or committing crime temporarily, labors enlist in the army, enterprises stop producing temporarily for all kind of reasons, etc.The regulations of labor contract suspending has made a clear stipulation in many countries and regions when labor contract legislation was made, aiming at the labor contract suspending, suspending deadline, during the period of suspending and after suspending. It fully reflects the importance of the regulations of labor contract suspending. Those contents are worth being used for reference when we make laws in our country. Looking back our country's regulations of labor contract suspending,《The Labor Law of the"People's Republic of China》issued in 1994 didn't have those contents. Although《The Law of Labor contract (draft)》and《The Rules of the Law of Labor Contract(draft)》once put forward the regulations of labor contract suspending,《The labor Law of the People's Republic of China》and《The Rules of the Law of Labor Contract》issued in the end haven't stipulated these definitely. From this we can see although labor contract suspending has been paid attention to in our country's regulations, it is still in the process of theoretical seeking. It hasn't been established through the legislative form. The important regulations of labor contract suspending is still a blank in our country's labor contract legislation. So the writer thinks the regulations of labor contract established from the point of legislation is beneficial complement in performing labor contract regulations. It is the need of social progress, the need of judicial practice. It is also an inevitable result of judicial theory development.The article takes the regulations of labor contract suspending as the research object. As we further research a lot of circumstances of labor contract suspending and all kinds of documents that their effects are not the same in each place, we realize that the stipulations of our country's labor contract suspending is still in the process of exploring. So we should conscientiously analyses and use foreign countries'advanced legislations, wish to increase the research and exploring level eventually, provide a theoretical supporting for setting up the regulations of labor contract suspending, try our best to make the regulations perfect early, and guide our practice.The article is divided into four chapters. The first chapter sets forth the basic concepts of the labor suspending, then it defines the concepts of labor contract suspending and analyses its characteristics. From this, it fully sets forth the meaning of setting up the regulations of labor contract suspending.The second chapter introduces the legislative conditions about the regulations of labor contract suspending in some overseas countries and regions. It analyses its characteristics and the meaning of drawing lessons to our country. It also provides comparative research and practical experience for perfecting our country's regulations of labor contract suspending.The third chapter mainly introduces the present legislative conditions about our country's regulations of labor contract suspending. It analyses its existing problems and deficiencies, and provides basis for our country's more perfect regulations of labor contract suspending.The fourth chapter puts forward the legislative suggestions and considerations about setting up our country's regulations of labor contract suspending. It mainly includes each principle in following the regulations of labor contract suspending, the specific circumstances of labor contract suspending, the specific circumstances of labor contract suspending, the right and duty of each contractor, the deadline of labor contract suspending, etc, so it can provide references and uses in trying to establish the regulations of labor contract suspending.