Study On Revocable Or Changeable Labor Contract

The effectiveness is the core content of the labor contract. China promulgatedthe labor contract law in2007, which established two types: valid and invalid. Butmany experts and scholars thought that is a rigid “binary” division mode. In thebeginning of the legislation of labor contract law, whether it is necessary to introducethe system of revocable and changeable contract, this issue has become the bitterer inthe labor law.In the beginning legislative process, legislators introduced the system ofrevocable and changeable contract, but at last they abandoned this system. During thethroughout legislative process, the idea of legislators has changed which ultimatelylead to the system of revocable and changeable contract was not introduce to the laborcontract law.The system of revocable and changeable contract is a relatively mature andperfect system in China’s civil contract, the most significance of which is to maintainthe autonomy of the parties. The autonomy of the parties is one of basic principles ofChina’s civil contract. Because in China’s labor contract law does not providerevocable and changeable contract, which lead to the parties of the labor contract cannot decide the effectiveness of contracts follow their own will, when the meaning hasdefects. Thus, the autonomy of the parties can not be respect very well. So, I willresearch on the system of revocable and changeable contract, through discourse thesuperiority of this system，and expound the necessity that introducing this system tothe labor contract law. I hope through this to improve the effectiveness of the laborcontract, so as to safeguard workers’ lawful rights and interests by labor contract inpractice.I detailed analysis and discuss the revocable and changeable labor contractthrough comparative analysis、analysis by synthesis、illustration, etc. Firstly，Ianalysis legislators’ attitude with the revocable and changeable labor contract in the legislative process of China’s labor law and labor contract law, and thus reveal thereason of the revocable and changeable labor contract not to introduce into the laborcontract law. The formulation of the labor contract law lasted three years; thecontroversy between the scholars and experts has never stopped. During this period,the most intense debate is whether the revocable and changeable system can beintroduced to the labor contract law. The initial idea of legislators is introduce therevocable and changeable system to the labor contract law, but finally they delete therevocable and changeable labor contract. The fundamental reason of the legislators’attitude to change is to attempt to interfere with the parties’ autonomy of the willthrough national legislation, rather than to safeguard the interests of the parties to thelabor contract by respect for the autonomy of the parties. Second, I discussed it fromthe respect for the autonomy of the will of parties and encourage the transaction,expounded the superiority of the revocable and changeable Labor Contract, so as toprove that the necessity of revocable and changeable labor contract be introduced toChina’s labor contract law. During the argument of necessity, I discussed the essentialattribute of the labor contract. I think the labor contract is a special contract, with theessential attribute of the contract. Therefore, the basic principles of contract and moremature system can be reference by labor contract, and thus improve the effectivenessof the labor contract. Once again important to discuss the reason of labor contractmay cancel and change. Our contract law article54of the contract, provide thecontract can be withdrawn or significantly change in the five cases. Labor contractlaw (draft)(a reviewer) provide that labor contract in the three situations can berevoked and changed by the people who have the right to revoke or change. Since Ifirst discussed the homogeneity of the labor contract with the contract before, thelabor contract can take the essence and discard the dregs, take the example byrevocable and changeable cause of contract, and then perfect the provisions of therevocable and changeable labor contract. Finally, I discuss the exercise of the right torevoke and to change of labor contract entirely and systematically. This part includesfour key points: First, the exercisable subject of the right to revoke and change inlabor contract; secondly, the exercisable way of the right to revoke and change inlabor contract; In addition, the exercisable scheduled period of the right to revoke and change of labor contract; Fourth, the exercisable legal consequences of the right torevoke and change of labor contract. Meanwhile, I describe the relationship,similarities and differences between the right to revoke and the right to change in thelabor contract. It is because of the consistency that is on the exercise reason andscheduled period of labor contract, I will put these together to discuss. From thedetailed analysis of the above four points, I would build a revocable and changeablelabor contract system on the whole that the content is perfect.At present labor contract law is a clearest legal to adjust the contractualrelationship between the employer and the worker in our country. However, our laborcontract law is not perfect for the provisions of the contractual validity relatively; theeffect types of labor contract are too stiff. Particularly, the revocable and changeablecontract system, with the respect for the autonomy of the will of parties, is notintroduced to labor contract law, I deeply regret on this point. In order to respect theautonomy of the will with parties, I will deeply research the revocable and changeablelabor contract, and hope to contribute my pygmy effort for the perfect of laborcontract law.