On Legislation Of Labor Contract Suspension System In China

Article 66 to 70 of Chinese Labor Law regulated relative circumstance which the party suspended the performance of the contract. As one of the most important elements in the civil and commercial field, the labor contract should suspend its performance under paritcular conditions or circumstances. Also, its subject and contents’ particularity strengthens the legislative demand of the regulations of labor contract suspending. However, contents about the suspension of the labor contract are not included in Chinese Labor Contract Law and its enforcement regulation. On legislation, owing to the lack of suspending regulation of labor contract, the Chinese Labor Contract Law can’t offer a transition stage for contract’s alteration and rescission to the internal and it can’t connect with local labor contract legislation and relative laws to the external. In parctice, owing to the lack of all-round and unified legislation, it lacks strong basis on enacting the suspending regulation. When the labor faces labor controversy with the employer, the labor contract can only lead to the fate of extermination under the most circumstances that both sides can’t reach an agreement. It will severely damage the stability and flexibility of the labor relationship. The party of the contract, especially the labor’s legal rights can’t get effective protection.The dual problem existing on legislative side and practical side provides the clue for this dissertation. The dissertation starts from the nature of the labor contract, and then analyzes the necessity and its feasibility of the suspending perfoemance in labor contract. Also, on the basis of researching several western countries’ advanced suspending legislation of the labor contract, the author concluded the problems existing in our country’s legislation. Finally, the author concluded concrete legislative suggestions to help the legislators enact the suspending regulations of labor contract as soon as possible and offered good ideas and advice for improve Chinese Labor Contract Law.The legislative suggestions on establishing our country’s suspending regulation on labor contract mainly include the correct understanding of the suspending regulation, legislative system’s improvement and content’s improvement. Firstly,establishing a set of regulation, we should have a good command of its connotation and characteristics. The enaction of the suspension of labor contract has unpredictability and both sides of the contract may not have the same rights and obligations during the suspending period. Secondly, on legislative system, perfect suspending regulation should based on the Chinese Labor Contract Law in terms of our country. And the eaction of relative contents should be explained and specificed by the Enforcement Regulations of Labor Contract Law. As for the content, through the discuss of features of suspending the labor contract under normal condition, the author concluded the following situations that apply to the suspending regulation:force majeure or accidents, legal situations and stipulated situations.Thereinto, the accidents include labor’s missing of his whereabouts, the lost-time accident of the employer, etc. The legal situations included birth or adoption, illness or injuries, restricted personal freedom, performance of social obligations like military sevice and other stipulated circumstances. And the stipulated situations are limited by the prohibition of law. In addition, the auther elaborated the distribution of suspending right, whether it should be paid during the suspending period and whether it should be calculated into the contract period, etc.