Invalid Labor Contract System Research

Labor contract is an important adjustment of labor relations legal system, labor law system is an important part, but as a labor contract to determine the effectiveness of the invalidity of the existence of the labor contract system is one of the important part. But China's "Labor Law " and "Labor Contract Law " on the invalid provisions of the labor contract system is too simple, leading to a labor contract is invalid because in practice lead to a large number of labor disputes, the system can not achieve its proper function and purpose of legislation. Can be said that China's labor legislation does not have a unified, non-contradictory system of the labor contract is invalid reasons. Therefore, how to improve our system of labor contract is invalid, the labor contract to play the cornerstone for the stability of the role of labor relations, labor law has become an important issue in the study.The so-called labor contract as opposed to void labor contracts for the purposes of effective means Although the establishment of a labor contract, but because of a serious lack of effective elements of the statutory and therefore can not give legal effect to its content. The existence of a labor contract is invalid and void labor contracts after being identified as the legal consequences of the labor law field has been a controversial topic, the main starting point of controversy is mainly the exchange of labor as the labor contract is unique. Therefore, in the void the labor contract system design, one should pay attention to the labor contract and civil contract, the difference between a civil contract theory in the absorption at the same time, should the labor contract with its own characteristics. Should be recognized that the objective existence of the labor contract is invalid, null and void the labor contract law norms lead to the case, standard contract forms and the necessary labor provisions in the confirmation of the effectiveness of the labor contract should adhere to the fundamental value of the right, which upholds the right employee benefit According to the principle of the labor contract signed and the actual performance, dynamic look at the effectiveness of the labor contract, the law invalidated in practice to minimize the scope of labor contracts, maintaining the stability of labor relations.