Research On The Application Of China's Service Period Rules

The rules of service period is the product of the practice of the use of human system in China,and it is an effective means to retain the talents of the employing unit.The rules of service period is far earlier than "Labor Contract Law" promulgated,and it obtain some local legislative support in China,such as the "Shanghai contract regulations" provisions of article fourteenth and" Jiangsu province labor contract regulations "provisions of article fifteenth."Labor Contract Law" in the foundation of long-term practical experience of local legislative experience and the service period,formally introduced the rules of service period,the applicable premise of service rules and liability for breach of contract are made clear,which is beneficial to the stability of labor relations.But,"Labor Contract Law" is too principled for the legislation of the rules of service period.It has made vague provisions in the three short clauses of the twenty-second article of the law,and there are many loopholes in legislation.Chinese government promulgated the "Regulations for the implementation of the Labor Contract Law" for the implementation of the rules of service period,the patch" in the"Regulations" article sixteenth,article seventeenth and article twenty-sixth of the rules of service period to certain extent to supplement and perfect.But we need to pay attention to that there are still many gaps to be improved in the rules of service period,which still need further clarifying and explanation.The first part of my paper is to introduce the relevant cases of the rules of service period,and summarize the focus of the case.The second part of my paper is to analyzes the general theory of the rules of service period,and studies the concept of service period,the nature of service period,the composition of the service period and the effective conditions of the rules service period.The third part of my paper is to analyze the application of the rule of service period in this case,and studies the identification of professional and technical training,the handling of the Period of service period in a state of unknown and the responsibility of the workers to violate the service period.The fourth part of my paper is to make a comprehensive analysis of the case and draw a conclusion.