Study Of The Labor Contract

Labor contract system is the basic system of Labor Law and the foundation of law recruitment system in the socialist market economy system. At present, China is at a crucial period of reforming developing and improving the personnel system of labor force. To strengthen labor begislation and construct perfect labor contract system is a very important way to promote the reform of social labor system and the basic requirement to establish law system of market economy.Before the promulgation of Labor Law, there were two definition of labor contract in China-Broad Sense Theory and Narrow Sense The-ory . There are still defects in legislative regulation about the definition of labor contract in Labor Law.Labor contract is regarded as a kind of contract of private law and labor relation within the scope of private right, which meets the require-ment of contractualization of labor relation in the market economy and institutionalization of socialist market economy. Meanwhile, the pecu-liarities of labor contract do not allow for ignoration.Difining labor contract as a kind of contract in private law and bringing it into the scope of adjustment of the uniform Contract Law, will help contract system of our country get onto the same track as the current way of practice throughout the world.The comparative theorives on employment contract and labor contract in China need to be reconsidered. Nowadays, with the further deepening of market economy system, we should regard employment contract and labor contract as of the same kind and both are applicable to the rules of Contract Law and Labor Law. Then the way will be open up to clear up the confused understanding in the circles of theoretical study and comprehend and apply labor regulations correctly.The subject scope of labor contract set by Labor Law of China has been far from meeting the needs of socialist market economy constru -ction and legal system construction. Improvement is badly needed, and Labor Law should extend its scope of application to all the laborer except government employees.Labor contract form should be in agreement with Evidence Theory. De facto labor relation should be defined as illegal labor relation formed by foring, compelling and cheating of employing work units. The parties concerned should end this relation.Labor Law of our country has not touched upon deposit on labor contract. Its objective reality deserves to be offirmed. Law should be made to give it concrete and detailed stipulations.As to the right to defense in performance of labor contract, Labor Law and other related laws and regulations have not taken into account. We should draw on the experience of the rules of contract law, set up the concepts of right to defense in labor contract, and give it legislative or judicial interpretation as soon as possible.