Invalid Labor Contract System Research

The Invalid Labor Contract is a contract system, due to severely lack of effective elements, that the law does not give effect on, that does not occur to the legal consequences of the parties expected. Labor relations have significant features different from the civil relations. Labor Law is largely different from the Civil Law. The labor contract is also different from a civil contract. From the subordination,based on labor contracts, also continuing, incompletion and public authority intervention of the characteristics, especially the labor workers have already paid non-refundable, and the importance of employment for workers to survive and develop in our study invalid labor contract. The Civil Law system can not simply apply to the Labor Law. We should combine the spirit of the Civil Law, the principles of civil contracts and labor relations, the particularity of the labor contract, as well as the particularity of invalid labor contract.More specific design of the system, more operational implementation process, also, better coordination of the labor relations and better distribution of benefits to achieve the original intention of the legislation. The Invalid Labor Contract system design should not only be fully absorbed to the civil contract invalid theory, but also, should be carefully combined with the characteristics of the labor contract; not only recognize the objective existence of invalid labor contract, but also recognize the problems of the existing in valid labor contract system, such as the lack of binary recognized standard.We must recognize the internal contradictions of the existing requirements, passive institutions confirm the limitations of pre-arbitration long, the labor administrative authorities supervise and inspect the right to the innocent party of the cost of illegal low. The standard of clear labor contract is invalidated, the distinction between absolutely void labor contracts and relative invalidity of the labor contract may revoke system. We should make clear that the terminated labor contract system and the revocable labor contract system can co-exist, and that to give confirmation power to the labor administration authority on confirmation void labor contracts or revocation power to optimize the arbitration front "for" or CD or defendants; regulating the essential terms of the labor contract, increasing illegal costs of the innocent party, and refining the standard of compensation, invalid labor contract system, and also more maneuverability and targeted in legal practice to minimize the identified scope of invalid labor contract, to maintain the stability of labor relations.