Research On The Employer's Duty Of Notification

The employer's duty of notification means that the employers shall inform their workers the matters stipulated by the law truthfully and what workers want to know through certain procedures so that it can protect the worker's right to be informed. The obligation throughout each section of labor relations, from the preparation of the labor contract until the termination of the labor contract after a period of time. Workers are in a weak position in the grasp of the information, so the labor law is necessary to make mandatory provisions of the employer's obligation in order to protect the rights and interests of workers better. This article will discuss these issues in four parts.The first part is the basic theory of employer obligations, including the legal nature and classification of the obligation, and the the theoretical basis of obligations, hoping to provide the basis for the obligations. The employer's duty of disclosure comes from the principle of good faith in civil law. Based on the breakthrough and development relationship of labor law and civil law, weather we can apply to basic principle of civil law in the labor law or not, and how to apply to it becomes a topic which is worthy discussion. I believe that the obligation is comply with the legislative value orientation of labor law requirements, and it can really alleviate the pressure of justice.In the next part, I will discuss the different inform forms at different stages.Specifically, in the second part, the article introduces the specific content of the obligation, and analysis existed problems in legislation based on 'Labor Contract Law'Article 8, which is about the specific content, informing time, informing form and legal liability provisions are not clear, the obligation is also difficult to perform effectively in the practice. Based on this, I put forward the proposals to improve the relevant laws and regulations according to different stages of recruitment and the characteristics of the industry, in order to determine the boundaries between workers' right to know and the secrets of the employer, to clear the legal consequences of violating the duty. The third part of this article describes the content of employers shall inform the workers in the performance of labor contract, including the rules and regulations and so on. Based on the problem analysis of legislation and practice, I put forward the advises to clear the informing form and the time of entry into force, and to clear the informing objects and content about the matters of terminate the contract, and to regulates the employer'recruits training and so on. The fourth part mainly expounds the employer's obligation of informing after dissolving contract. The legal provisions at this stage are less, we did not pay attention to these problems in practice. Aiming at these problems, I put forward some suggestions to increase the employer's obligation of compulsory disclosure and to improve the obligation of other subjects.To sum up, it is important to build a complete employer obligation system between the employers and workers for status balance, and it is vital to maintain harmonious and stable labor relations. The obligation may establish a trust relationship between the employer and the employee,and it is an important part in the construction of social credit in our country. However, we also should know clearly that in order to solve the employers' obligation problems in legislation and practice,we can not blindly copy foreign legislative experience, and we cannot excessive damage to the interests of the employer in order to protect the workers. We must fully consider the labor situation in our country and establish a scientific and reasonable system of duty of notification.