On Employment Contract

Employment is quite common in our society, and lots of disputes arise from employment contracts, but no law has been laid down. Labor law is adopted in judicial practice to settle the disputes arose from employment contracts, but the disputes can't be settled thoroughly through it. Therefore, it is quite necessary to study the characteristics of employment contracts.Employment contract is an agreement that employee lends employer right of using labor force during a period or an unfixed date. Employee must accept supervision and direction by employer who must use the labor force according to the appointed means. There are three main characteristics of the employment contracts. The objects of the employment contracts are services .The legal status of both parties is equal, though the employee must accept supervision , direction and controlling. And the employment contracts arc mutual obligation and paid contracts, but the varieties of reward are not limited to money. Employment contracts are different from contracts of commission for services being the object of the employment contracts while dealing with things being the object of the contracts of commission, and employees having no right to draw a decision contrary to committees. And employment contracts are paid contracts while contracts of commission may be unpaid. Employment contract are different from contracts of work because employees' will are limited during work contrary to the workers of contracts of work, and the fruit of work is the object of contracts of work. Employment contracts are different from labor contacts that the main bodies of employment contracts arc more extensive than that of labor contracts. Concluding employment contracts is not the unique condition of establishing employmentrelationship. And concluding labor contract is the unique condition ofestablishing labor relationship.The conclusion of employment contracts should abide by the general rules of contract conclusion: offer and acceptance. Oral means and written means are permitted when biding employment contracts. It should also be protected if existed employment relationship. One of the parties should not be limited within natural persons. Units such as etiquette teems, art ensembles that established for the object of services can conclude contracts as employees.Employers must provide job according to the appointed time, place and the intensity of labor. Employees would consume different mental and manual strength because of different intensity of labor. Employers must undertake the duty to provide the employees with work and pay the employees for the work according to the pointed means. What's more , employers should compensate for the damages caused by the employees unless the damages are caused by the intention or material fault of the employees. The employees must provide services according to the directions of the employers and undertake the auxiliary obligations of honesty, secret-keeping and non-competition. The auxiliary obligations only exist during the contract's period of validity if there be not contrarily appointment.The employees should have certain exccptionon adimpleti contratatns(1) to protect the employees' interest under some circumstance during the performing of the contract if employers had not provided appointed job or reward. Employees must serve personally in principle, provided that the employees be reply cable accounting to the work, the contracts can be performed by the third persons. Employers must accept the services personally in principle. Though in fact employers dothrough the third persons, if that results in insulting employees employers should do personally or changes the third person.There are not stipulations about employment contracts, so Labor Law and relative regulations are often adopted to adjust employment relationship. But they are the result of interference of the nation by the means of law. They adjust the labor relations of both parties that are unequal in economics status. Both parties of employment cont...