Researching And Analysis Of Servicing Period Of 'Labor Contract Law'

The article 22 of'Labor Contract Law'clearly provides the service period. Before Implementation Of the "Labor Contract Law", the contract of service period has been widely used in the field of labor relations in practice. The aim of service period contract is to protect employers' profits and to limit employees'right to resign in the situation where the employers provide special treatment to employees. A scientific and perfect service period system can not only encourage employers' motivation to training their staff, but also promote the rational flow of human resources. A scientific and perfect service period system is conducive to harmonious and stable labor relations, and ultimately promotes the development of market economy.The'Labor Contract Law' bases on the traditional theory of'strong employers, weaker employees', holding the legislative concept of protecting employees partially. The service period article is no exception to base on this legislative concept. Therefore, in the legislative purpose of the service period, there are both intention to protect employers'profits and employees'benefits. The contradiction and conflict between the profits and benefits of employers and employees are the fundamental cause of the problems that happen in the application process of the service period article. How to balance the benefits between employers and employees is the key to reconstruct the service period system.This paper follows the logical order of discovering problems, analyzing problems and then solving the problems. The paper begins with introducing the basic concept and system of the service period, and then discovering and analyzing the problems both in theory and practice, and finally put forward the suggestions to improve and perfect the service period system.This paper divides into four chapters. The first chapter mainly introduces the concept and characters about the service period. The second chapter discusses the institutional background and the legislative functions of the service period. The third chapter mainly introduces the service period system of China Taiwan District and Germany.The fourth chapter focuses on the defects and deficiencies of the current service period legislation. The fifth chapter puts forward some suggestions to improve and perfect the service period system of the'Labor and Contract Law'.