Studies On The Service Period Item Of The Labor Contract

Labor Contract Law in response to local legislation of the Service Term which had been existed before, and determined it in clarified words in Article22.This article has extraordinary significance for the realization of the tenet of the Labor Contract Law. Specially, it not only effectively satisfies the wish of the workers to enhance their value, but also meets the desire of the employers to improve the workers’ productivity, creativity and stable production team. Meanwhile, it will help ease the labor-capital conflicts and improve the overall social’s harmony degree. However, it’s deficiencies are obvious:on the one hand, the words are too simple to solve diversity disputes in reality; on the other hand, it didn’t take practicable measures to protect the labors’ rights. Therefore, this article combines the legislation results in home and abroad with some scholars’ theoretical researches through a case caused by a service term dispute and give certain analyses directed against the Service Term and try to put forward some views and suggestions.Specifically, firstly the legislation should specify the "professional technical training" and make it be operable and add the "special treatment" as a flexible setting conditions, affirming its legal status. Secondly determine the general length standards of the Service Term and exceptions. The "lifelong pact" must be avoided and the employing units’ reasonable concerns should be safeguarded. Thirdly, it should be balanced for the responsibility of the both sides of the labor contract. This is the main innovation of this article. Only balance the responsibility of both parties in the Service Term Agreement, can cause the laborer not to be encroached by the management who uses the article as a cover and make the situation of "strong capital, weak laborer" improved. Finally, perfect the dispute-solving mechanism of the article, pay attention to the oriental function of the tilt protection, pay attention to the function of the labor union, improve the legal procedure of the dispute-solving and make the Service Term perfectly. It is also a unique of this article. Most researchers tend to focus on details, but ignore the ornamented function of the specifying system. They ignore the macro effect to strengthen and perfect the legal procedure.This article discusses many law problems caused by the reality from the facts of the article’s implementing and provides some countermeasures. So it can implement that result that the Service Term will be more fair and just than before. The Service Term’s function will play a role effectively, and it can promote the labor-capital relations into harmony and achieve win-win result.