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"labor Contract Law" To Implement The Several Legal Issues In Research

Posted on:2012-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:M XuFull Text:PDF
GTID:2246330371965227Subject:Law
Abstract/Summary:PDF Full Text Request
In January 1,2008 the official implementation of the" Labor Contract Law of People’s Republic of China " (hereinafter referred to as the" Labor Contract Law") and later have announced the implementation of the related laws and regulations, which has very important significance for the promotion of economic development, protecting the legitimate rights and interests, mobilize the enthusiasm of workers, improve the economic benefits of the employer, has aroused great concern. However, the "Labor Contract Law" and relevant laws and regulations in the implementation process, due to various reasons, implementation of the Act makes a lot of problems there. For example, a written labor contract issues, probation system problems, non-fixed term labor contract issues, labor contract issues to protect and restrict the right of cancellation, termination of labor contract issues, service system issues, non-competition issues, breach of contract laborers restrictions, the employer liability for breach of the problem, and so. In this limited space within, to take into account all aspects of the problem is very difficult. Therefore, this article will select some more prominent issues which have existed since the implementation of the "Labor Contract Law" as the most prominent focus of this research seeks to improve the "Labor Contract Law" to provide reference.Text is divided into five parts. First a brief introduction to the implementation of the "Labor Contract Law" overview; The second section discusses the "Labor Contract Law" trial of labor contracts unduly restricted the right of the employer dismissed the issue and make recommendations that the employer during the probation period should be appropriate to relax the dismissal of the right to limit; the third section discusses the non-fixed term labor contract for the employer’s right to limitunreasonable dismissal and make recommendations; partⅣdiscusses the conditions of service agreement, the issue that the "Labor Contract Law" is only limited to the employer for workers to provide professional technical training scenario as a service contract conditions, the scope is too narrow, does not meet the actual needs, proposed and expand the scope of the agreed conditions of service for both employers and employees are beneficial; part V discusses the irrationality of the special provisions on illegal employer’s liability and recommendations for improvement. Finally, this article was a summary of views put forward legislators draw experiences of developed countries at the same time, it should be more comprehensive survey of scientific research and analysis to explore, take a line with China’s national conditions and labor law legislation of the road. So as to better adapt to the needs of reform and development, to maximize the interests of both parties.
Keywords/Search Tags:labor contract trial period, non-fixed term labor contract, service, breach of contract
PDF Full Text Request
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