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Improve The Legal Thinking Of The Labor Contract System In China

Posted on:2006-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y N ZhangFull Text:PDF
GTID:2206360152980822Subject:Law
Abstract/Summary:PDF Full Text Request
After the People's Republic of China was build, we have got a lot of achievements in the field of Labor Law; on the other hand, we also see that there are many deficiencies in the system of labor contracts. Items which regulate labor contract relationships are quite simple and incomprehensive. And the effectiveness of existing regulations is limited. Deficiencies also lie in the system of collective contract. In fact, labor relation de facto has been presence for a long time, but safeguard of the second labor relationship is inadequate. Law of labor standard holds high standard but awful implement. The resolving system of labor disputes is largely defective. Relate to the foreign labor law system, there is also a blank.To resolve the problems, we must attach importance to the function of labor contract. Perfect Labor contract system can be a kind of lube of the development of economy and the umbrella of laborers. So labor contract law should come on as soon as possible. We should regulate every step from concluding to rescinding of labor contract. At present, because of the economic situation, labor relationship de facto should be lawful. The labor criterions should be reasonably established in Asia and implemented strictly. The participation of guild is advocated. We should weaken the administrative character of labor dispute arbitration institution, and regulate it with laws such as arbitration law to reduce the procedure of labor dispute settlement and protect the right of laborer. At present, judicial interpretation is one and only effective approach to settle the foreign labor contract dispute. Through the guidance of judicial interpretation, judicial departments can exactly apply the rules of Contract Law and Labor Law under the circumstance where Contract Law cannot be modified in time.
Keywords/Search Tags:Labor contract law, Collective contract, Labor dispute, Foreign labor contract
PDF Full Text Request
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