The Applicable Studies Of The Service Period Rules Of The Labor Contract

Service system is a very special significance for the development of laborrelations.It not only can enhance the value of labor force,but also conducive to thelong-term development of unit of choosing and employing persons.However,ourservice system is not perfect,the law is too simple to up to corresponding applicablestandards,and limits its role in the service rules.Article om the basis of absorbing theexisting research results,according to the collected data,with the application of therules of service period of labor contract as the research focus,the service period of therules apply to study several core issues.Service period is the precondition of service period rules apply effectively,thisarticle obtains from the identified the effectiveness of the service period,because onlyin the service agreement under the premise of effective,it is the practicalsignificance.At first,this paper analyses the factors that influencing the serviceeffectiveness and including verbal and written form service service period of serviceeffectiveness,the influence of different time agreed service period,the effectiveness ofthe service problems when the unit of choose and employ persons and laborer theduration of the service period is reasonable,and whether can be deemed to bevalid.The several aspects on the legislation is still unclear even exists legislativeblank.On the premise of service effectiveness analyses several key problem in theservice period rules apply,a specific service rules in different types of labor contractproblem,the service period of rules apply to resign power problem and liability forbreach of contract.Service rules in a fixed term labor contract and non-fixed termlabor contract in the applicable,may produce service term of the labor contract andoverlap,which produces confusion on the service period rules apply,the author fromthe agreed scope of service,special treatment should be incorporated into theapplicable scope of the service rules,then analyses the service period,and therelationship between the labor contract deadline,mainly when the service period islonger than the period of labor contract period service period of issue shall apply.Tilt legislative purpose of protecting laborers’ based on labor law, the basic rights ofworkers should be focus on security, the author of the service period should thelaborers’ right to unconditional resignation is restricted, the right conflict and serviceperiod laborer abdication carried on the thorough discussion, of operating earnings ofthe unit of choose and employ persons and laborer freedom when choosing rightconflict, give priority to protecting the rights of laborer with rationality, andconsistent with the legislative idea of labor law. Finally, laborer and unit of chooseand employ persons is in violation of the rules of service period of the liability forbreach of the problem discussed in this paper, the penalty due to breach of theapplicable scope is too narrow, although this protect the laborer to some extent, but itis unfair, special treatment should be brought into the laborer penalty due to breach ofcontract responsibility scope is relatively appropriate, at the same time, it can makeservice period reflect a moderate amount of punitive liquidated damages. In addition,the law has not stipulated the bearing the bearing of the liability for breach of contractwhen unit of choose and employ persons in violation of the rules of service period,thelegislation blank to be filled.Through analysis the cause of each problem,essence,etc,the author putsforward the corresponding measures.The solution of many problems need tostrengthen the legislative intervention.Due to the labor contract has its particularitycompared with other legal relationship, therefore, it cannot be completely depends onthe intention of parties of labor relations, and it needs the intervention of nationalpublic power, but also to give full play to the justice and arbitration discretion, inorder to promote the benign operation of labor relations in China.