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A Study On The Legal Risk And Preventive Measures Of The Labor Contract Relieved

Posted on:2013-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ShaoFull Text:PDF
GTID:2216330362467642Subject:Law
Abstract/Summary:PDF Full Text Request
Labor relationship is the most basic and important relationship under the market economycondition, the coordination of the relationship is the foundation to establish the harmonious society,also the important part to develop the enterprise and stable our society. With the reform deepening anddevelopment of the social economy, some enterprise is only for the pursuit of economic profit andillegal to relieve the employee, the lawful rights and interests of workers without effective security,causes many labor disputes, affecting social and economic stability and development. Workers illegallyrelieve contract with enterprise for their own development, this also greatly damages the normalproduction and business order and causes a great loss to the enterprise. Relieving of the labor contractmeans destroying of the legal rights and obligations of two sides, especially for the laborer. Therefore,labor contract relieved is the most important part in the labor contract legal system.But in practice, not only the labor contract law but also the enforcement has many problems,particularly for the relieved labor contract by one side, because two sides exists interests of conflict, sorelieving of the labor contract often causes many legal disputes. We should adopt necessary measuresto solve these problems, and solve the disputes between laborer and enterprise, better maintain profitsof the two sides. Socialist market economy will have a harmonious and orderly developmentThis paper further puts the labor contract law as the center, emphatically from the workersrelieving labor contract and enterprise relieving labor contract to concretely analysis labor contractrelieved,the second part analyzes the legal risk and the defects of the labor contract relieved, andcombined with the need of practice, giving some suggestions and measures to improve theimplementation of the labor contract law and protect the lawful rights and interests of workers andenterprise.
Keywords/Search Tags:labor contract relieved, legal rights and obligations, legal risk, perfect measures
PDF Full Text Request
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