The Principle Of Good Faith In The Employment Contract Law

Good faith, commonly known as honesty and trustworthiness, is a sense of ethicsand a legal principle of universal guiding significance in the civil law. When it’sintroduced into the employment contract law, it does favor to promote the improvementof the labor contract system, and plays an important role in balancing interests betweenthe employee and the employer, the parties of an employment contract. The articleincludes three parts. The first part describes the introduction of the good faith from civillaw to the employment contract law, which focuses on the expansion of the good faith,and its practical and theoretical basis as a basic principle of the employment contractlaw. The second part discusses the characteristics of the principle of good faith in theemployment contract law. Good faith, as a natural balancer of interests, includes thesocial law conception of tilt protection when facing the situation that the employee isunequal substantially to the employer. Based on the above-mentioned analysis, the thirdpart analyses the circumstance of the regulations of good faith in China’s EmploymentContract Law, and puts forward improvement proposals in the view of the legislativedefects in the status and the whole operation of employment contract.