Coiiateral Duty In Labor Contract

Along with the continuously deepening economic structure transition and systemreform in our country, the labor disputes has been a remarkable upward trend. Thedisputes of the original dissolution of labor contract have evolved, expanding fromcases merely concerning resignation and dismissals to those with completely newdimensions which involve collateral duties such as non-disclosure, non-competeagreements and file transfer, issuing a certificate of labor relationship termination.In the judgment of real cases, it is not normal that the cases directly adopt the conceptof "collateral duty", which is based on the related labor laws and regulations withoutclear concept about the collateral duty and the rules about the definition of the relatedcontents and responsibility system. Therefore, it is necessary to pay more attention toresearch on the related theory of the definition and performance of collateral dutywhich can better guide the judgment of labor cases and will produce practicalsignificance to the harmonious development of labor relations. In this paper, theresearch of collateral duty of labor contract is divided into the following contents:Firstly, in the theoretical analysis of the collateral duty of labor contract, thispaper starts from studying the collateral duty in civil law by researching on the historyof collateral duty, and concludes that the generation of collateral duty is based on theHonesty-Credit Principle to forming the unique and basic theory of collateral duty oflabor contract by combining the collateral duty in civil law theory with the essentialattribute of labor relations in order to lay the good theoretical foundation of collateralduty of labor contract.Secondly, in the research status of other countries and regions on collateral duty oflabor contra ct, this paper finds out the advanced system and research of othercountries and regions, which has a good reference for our country in this research.Thirdly, in description of the status of legal regulation of the collateral duty inour country labor contract, this paper points out the problems and puts forward somereasonable suggestions.Last but not least, based on the above researches, the author puts forwardintegrity and system typed research for the collateral duty, researches on the legal consequence in violation of the collateral duty provides effective help for thelegislative and judicial practice.