Discussion On The Liability For Contractual Negligence In Labor Contracts

On January 1,2008,China ' s Labor Contract Law was formally implemented and was amended on December 28,2012.The current labor contract law of our country stipulates the contractual obligation of the labor contract.Though the existing stipulations clearly state the pre-contract obligations for a labor contract,laws concerning responsibilities to be borne by the party violating the pre-contract obligations are not complete,from the view of the specific content of legislation.From the perspective of juridical practice on labor in our state,when the people ' s court settle the case of disputes about the loss of reliance interest arising from the negotiation and conclusion of a labor contract,they have different judgments due to incomplete laws,which shows that stipulations of our national laws about the contracting fault liability for a labor contract are incomplete.Therefore,it is significant to discuss the perfection of laws related to contracting fault liability for a labor contract,for that can regularize the conclusion of a labor contract and promote the establishment of harmonious labor relations.The article summarizes and analyzes typical cases of disputes in the labor contract negotiation process raised in the court trials,and concludes a fact that relevant legal provisions on the contractual negligence liability of labor contracts in China are imperfect.By carrying out an argument from two aspects:the existing value and foundation of the contractual negligence liability of labor contracts and the special influential factors on constructing the contractual negligence liability of labor contracts,the subject scope,the principle of liability imputation,the scope of application,and the commitment of liability of contractual negligence in labor contracts are discussed,and relevant legal opinions and suggestions are proposed in order to to improve the system of determining liability for contractual negligence in labor contracts in China.