Font Size: a A A

Research On The Inherited System Of The Labor Contract In China

Posted on:2017-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:J XuFull Text:PDF
Abstract/Summary:PDF Full Text Request
Enterprises are the most active factor in the market economy. They can, by means of the merger or split in the open and competitive market environment, effectively reduce costs of internal management and external market competition, achieve economies of scale and capital synergistic effect, and finally, realizing the goal that every enterprise has of surviving, developingand getting profit. Following"capital is king",the free market logic, however, enterprises tend to ignore employees’interests in this process. Because of this, the Labor Contract Law, with the legislative intention of employee protection oriented, stipulates the principle of universal succession. Especially, the Article 34 of the law provides the unified legal basis for dealing with employment relationship in case of merger or split, which is significantly instructive. Hence, employees will no longer be the victim of capital integration, and all their interests which are included in the original contracts, will be guaranteed by law mandatory provisions and its authority.But it should be noted that compared to the law-making of other relatively developed countriesbelonging to theContinentalLaw System, China’s Labor Contract Law only has one provision for one mode, nothing of other supporting measures. Facing the ever-changing socio-economic environment, this law seems to be outdated from three aspects: insufficient covering of situations leading to labor contract inheritance, lack of recognition of the rights of each party in the system of labor contract inheritance and also the ambiguous stipulation of the liability for breach of contract in the process of labor contract inheritance. Given this, the dissertation will extensively discuss the issue from three dimensions, with the hope that I can conduct some constructive research for improving legislation concerning different succession rules under different situations, distribution of rights and liability.In addition to introduction and epilogue, the dissertation includes four chapters. Maincontentsare as follows:In the first chapter, it is the summary of the system of labor contract inheritance. It will contain the description of labor contract inheritance’s concept and its theory support, the summary of the legalization of the system of labor contract inheritance in countries outside the region, the legislation evolution of China’s labor contract inherits system and the discuss of the legislative defects in China’s labor contract inherits system. By precisely defining the academic concept, I want to better inform readers of the system of labor contract inheritance, as well as offer suggestions for legal improvement.In the second chapter, it is the analysis of applications that cause labor contract inheritance. I contend that cases causing labor contract inheritance not only include enterprise’s merger or split enshrined in laws, but also cover other possible corporate organizational changes, like the business transfer and the establishment of subsidiaries. According to case retrieval, I find two employers can succeed employment relationship through a free agreement, which can be confirmed by current judicial system. Additionally, it can justify situations in which the enterprise has not carried out organizational changeswhile the inheritance ofemployment relations occurs.In the third chapter, I study the construction of rights system in the labor contract inherits system. I will expound it from two aspects: first, the analysis about employers’negotiated retention rights, workforce management rights and discipline power in the system of labor contract inheritance; second, the exploring of the establishment of employees’rights to know, to object, and to be protected by adverse alteration prohibition in the same system. I want to see my paper, through systematically discussing rights of each party, is able to offer theoretical basis for legislation, which work on the principle of universal succession, to choose supporting measures that are in accordance with China’s practice in the future.In the fourth chapter, I study the liability for breach of contract in the system of labor contract inheritance. Based on logic revolution, I discuss the overview,the imputation principle, and the makeup of the liability for breach of contract, as well as the way to bear the liability in the system of labor contract inheritance, in an effort to build up comprehensive system of liability for breach of contract in labor contract inheritance.
Keywords/Search Tags:labor contract inheritance, applicable cases, right system, liability for breach of contract
PDF Full Text Request
Related items