The Application Of The Principle Of Party Autonomy In The Field Of Labor Law

Principle of autonomy of will was widely used by early labor law. Modern labor law has the nature of private and public law which means principle of autonomy of will and national regulation are both applied. As the present Chinese labor law does not specify the applicable principles and conditions of principle of autonomy of will, to what extent the employee and the laborer should be respected is in dispute. It is inevitable for the court to evaluate the effectiveness of the agreements signed between employee and the laborer. There are many mandatory words, such as “must not” or “should”, in present Chinese labor laws and regulation to restrict the application of autonomy principle by the employee and the laborer. But it does not make clear or summarize the items the employee and the laborer can negotiate by themselves, which results in the lack of single standard in reviewing the agreement effectiveness by labor arbitration tribunal and court in different areas. That may lead to totally opposite judgment when the employee and the laborer choose different place to sue. It will damage the judicial authority and impede the positive operation of the labor market."Labor contract law" since the eight years of implementation, the economic environment and great changes have taken place in employment environment. An aging population arrived ahead of time. An oversupply of labor market has gradually to the balance between supply and demand change. Labourers enjoy more freedom of choosing a career than previously. The ability of safeguarding rights of laborer has also been improved generally. The scope and degree of state intervention in the field of labor relations will also be necessary to adjust accordingly.It is necessary to determine the applicable scope of the principle of party autonomy in the field of labor law. To avoid damage in the labor dispute cases of unit of choose and employ persons and laborer freedom of contract. Must for accurate interpretation of the law. Based on many typical cases to illustrate what agreement is effective. In order to illustrate the meaning autonomous principle is widely used in the field of labor law.The thesis discusses to what extent the Principle of autonomy of will should be applied to labor law. Through analyzing practical cases in Chinese court, the thesis makes the conclusion that the agreement agreements signed between employee and the laborer should be effective which aims to form, fulfill, change, dissolute or terminate the labor contrac, and the agreement shall abide by the relevant laws and administrative regulations, as well as observe social ethics, protect the legitimate rights and interests of employees and may not harm the public interests.