An Analysis Of The Labor Dispute Between Bian And An Electric Company

With the rapid development of market economy in China, the labor relations is getting complicated, and together with the imperfect law and regulation systems in employment disputes settlement, the phenomenon of same case with different judgments is quite common and serious in China. In the employment dispute case this paper cited, the first trial judgment is sharply contrast to the second trial judgment, and prosecutor and defendant bickered about the issues of the formal written employment contract acknowledgment, the legal consequences of labor fraud, the character of the annual leave and whether the employee is legally responsible for indemnifying employer's loss arising from the employee's failure of explanation obligation fulfillment. Firstly, the formal written employment contract should be signed by the two sides on the basis of voluntariness, equality and mutual agreement, and the contract contents is fully understood by the sides. Additionally, the contract should clearly define the principal rights and obligations for the two sides, but it is unnecessary to adopt the same format and include all nine essential terms prescribed in Labor Contract Law. Secondly, it is far more than enough to simply verdict the contract as invalid or partially invalid in the case of labor fraud. The victim of the said fraud should be given revocable rights to protect his or her interests. Thirdly, annual leave payment belongs to compulsory welfare category that should be given to employee by employer according to relevant national law, but not a kind of labor reward, and it is protected by law on the general limitation. Finally, the employer's claim that the employee should indemnify his loss should meet all requirements both in entity factors and in procedures.