The Construction Of The Labor Contract Suspension

Labor contract suspension refers to the situation in which the labor contract can not implement because of legal origin or a stipulation made by both parties while the labor relation.However,both parties don't want to terminate the labor relation.So will the labor contract in a state of suspension and the labor relation continue to be kept,but he rights and obligations in the contract are suspended.After the situation which make the labor contract suspend is disappeared,both parties of the contract could continue to perform or terminate the original labor contract.In fact,labor contract suspending phenomenon abound in the process of the implementation of labor contract,.However,the labor contract suspending system in our country is still in legislative gap.So in the practice of the labor contract suspension,there could not be a clear legal provision to be based on.At the same time,which is unable to determine what kind of situation can be regarded as labor contract suspension,more can't treat the legal consequences after the labor contract effectively.The Labor Contract Law(draft)and The Labor Contract Law Implementation Regulations(draft)has stipulated the labor contract suspension,for the situation of the labor contract suspension,the treatment after the situation disappeared,the time limit of the labor contract suspension.It is a pity that in the final knock finalized deleted this part.Though for the convenience of practical operation,some provinces and cities in China such as Shandong,Anhui,Shanghai,Jiangsu,Ningxia successively introduced regulations of the labor contract suspension,but various places have different rules and low status of local legislation has still can't make authority on such problems in the judicial practice.The best way to solve this problem is to enact regulations of the labor contract suspension,form is given priority to national legislation and local legislation is complementary.In this paper,based on the analysis of the existing academic research results,combined with the current judicial practice to the problem of labor contract suspension,to build system of labor contract suspension further elaborated the necessity and feasibility.On this basis,make recommendations for the situation as well as the rights and obligations of the parties during the period of labor contract suspension.The situation of labor contract suspension should distinguish between legal situation and applicable situation.As long as the agreement between the two parties of the contract are not in violation of the law mandatory provisions,the labor contract agreed to suspend.For the allocation of labor contract rights and obligations of the parties during the period of suspension,this paper is in whether to pay the labor remuneration and social insurance during the labor contract suspension,how to determine the suspension period,whether the labor contract during the period of suspension is included in the working fixed number of year,whether can establish a new labor relation with other employer during the period of labor contract suspension and some subsequent processing problems after the situation which make the labor contract suspend is disappeared,etc.