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Review And Reconstruction Sysytem Of Labor Contract Enforcement

Posted on:2015-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2266330428478727Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China’s "Labor Law" and "Labor Contract Law" and other existing laws and regulations on the enforcement of the provisions of the labor contract is relatively simple, only the labor contract valid and invalid two types. The mechanism for the evaluation of the enforcement of the contract is too rigid, don’t give any opportunity to remedy the defects of the labor contract, the revocable labor contract system should be introduced.In addition, the Labor Law is the legal department arising from the integration of public and private law, adopting the adjustment mode of combining the Labor Standards Law and the Contract Law. On the basis of the labor contract without violating the Labor Standards Law, within a certain range the content of labor contracts can be negotiated by the parties free to determine. If there’s a flaw in the intention behavior of labor contract, but it does not violate the laws and regulations of mandatory regulations, also not violate social public interests, the contract cannot be directly recognized invalid labor contract, and the aggrieved party should be given the option to withdraw in a given period. Each person is the best judge of their own interests, revocation of the option given to the injured party is in favor of the victim’s interests protected in the greatest degree, but also conducive to safeguard the stability of labor relations. Factors influencing the labor contract effectiveness are the main body, content and intention, the Labor Law and Labor Contract Law does not lack of effect on the labor contract effective elements of the above provisions. A labor contract is an important basis for determining labor relations, but also workers and employers to determine their respective rights and obligations, also accountability. Building a multi-evaluation mechanism on the basis of clearly defined a labor contract effectiveness benefits for workers lay a platform in any circumstance can with strong protection of the law, and makes the labor contract both parties on a voluntary basis to get maximum performance. It is especially meaningful in the special period of government vigorously promoting the implementation of labor contract law.
Keywords/Search Tags:Labor contracts, Enforcement of the labor contract, Invalid labor contract, Revocable or Changeable labor contract
PDF Full Text Request
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