Empirical Research On The Labor Contract Lacking The Essential Clauses

The statutory prerequisite clause is the content of the labor contract stipulated by the law.It fixes the rights and obligations of the employer and the employee in written form.It has a non-negligible role in maintaining the stability of labor relations and balancing the interests of employers and laborers.Different kinds of mandatory terms have different effects on the contract.The labor contract that lacks information terms,labor remuneration clauses,labor contract term,and work place for both parties shall recognize that the contract signed by both parties is not established.The lack of working hours,rest breaks,etc.shall be deemed to have no effect on the establishment of the contract.This article is to follow the traditional way of thinking of asking questions,analyzing problems,and solving problems.It is composed of three parts: the introduction,the text and the conclusion.In the introductory sectiont,three points are used to explain the purpose of research,the research status inside and outside the domain,and research innovation of the labor contracts that lacks Essential ClausesThe first part of the question is raised.In this section,by contrasting the mandatory provisions of the labor contract law with the labor law,the concepts behind the different provisions are analyzed.The second paragraph draws questions from the controversy existing at the emergence stage of the doctrine of the doctrine.The second part,through case statistics,presented in the form of data,lacking essential clauses,labor contract validity,and status quo of referee: first,the court tends to determine that the mandatory labor contract is not established and invalid;second,the labor contract lacks the form of compulsory articles.Variety;third,courts have different results for referees with four mandatory terms.The third part is the analysis of the status quo of the adjudicators: firstly,the logic of judges' judgments is different;secondly,the requirements for the establishment of labor contracts are misunderstood;thirdly,there are deviations in the understanding of legislative objectives.The fourth part is the proposal for handling the lack of mandatory provisions.First,clarify the proper logic of judges' judgments;second,reconstruct the essential elements of labor contracts;third,play a typical case guidance system.Finally,the concluding remarks reiterate the treatment proposal when the lack of mandatory clauses.That is,when the labor contract lacks essential clauses,the lack of necessary legal provisions denies that the labor contract is necessarily invalid,it should first analyze whether the missing essential clause affects both parties.Achieved by consensus.If the terms of the labor contract are lack of social insurance,labor protection,etc.,the labor contract signed by both parties is legal and effective.After labor arbitration,the labor administrative department urges the labor contract parties to sign separately the missing parts of the necessary contract terms.In the supplementary clause of the labor contract,if one party causes losses to the other party,the faulty party shall bear the liability for compensation.However,if the labor contract signed by both parties is a lack of more important terms such as identity,in this case,the labor contract signed by the two parties should be deemed to be unfounded and invalid,and the two parties still need to supplement the lack of necessary contractual terms as soon as possible to negotiate additional contracts.Terms.In addition,if the laborer has already had a de facto employment relationship with the employing unit,but the two parties have not signed a labor contract,then the employer shall,in violation of the labor law,require the employing unit to bear the corresponding liability for compensation.