Study On The Obligation System Of Laborers' Contracting

In 2008 enacted the law of the People's Republic of China labor contract law the provisions of article 8 marks the laborer contracting the establishment of the inform obligation,which is first defined in the contracting phase of labor contract legislation,worker of unit of choose and employ persons put forward about the basic information of the labor contract is a direct link between the problem,have the obligation to inform.The establishment of the system of obligation to protect the lawful rights and interests of the laborer and unit of choose and employ persons,balance the labor market of the existing information asymmetry,stable labor relations and social relations is of great significance.However,the relevant provisions of the obligation system are not perfect,and there are some defects which need to be further improved.This paper is divided into four parts to discuss the obligation of the laborer.The first part mainly summarizes the theoretical basis of the laborers' obligation to inform.The nature of laborer the contracting inform obligation,theoretical basis and related concepts are discussed,respectively about as laborer contracting inform obligation theory basis of the principle of good faith,the principle of fair and reasonable,and information asymmetry theory,this paper worker contracting inform obligation and right to know of unit of choose and employ persons,laborer privacy of differences and relations,trying to laborer properties and characteristics of contracting the inform obligation itself to locate.The second part mainly analyzes the defects of current worker contracting inform obligation system,respectively from the Angle of legislation and judicial practice analysis summarizes the obligation system is flawed,inform the employees scope,basic information such as what specific belong to not fulfill its obligation to inform the contracting fraud identified problems.The third part analyzes the relevant provisions of the obligations of foreign workers' contracting states,and analyzes the rationality and reference points of their provisions.This paper discusses the rationality of the information about the scope of the obligation to inform the "workers and the work" in South Korea,as well as the reference of Germany's legislation on the voluntary disclosure of obligations.The fourth part is on the second part points out the defects,analysis comparing various academic point of view can be drawn lessons from abroad,put forward the perfect Suggestions,advice will be told that the basic information of the type of list,then will be directly related to the labor contract concept further identified as "with laborer for post the required qualification and ability is directly related to the" information,puts forward the laborer fails to perform the duty when the contracting told the fraud that advice,and proposed may revoke the labor contract system,clear the laborers for not fulfill its obligation to inform the damage compensation scope,perfect the laborer fails to fulfill its obligations to the damage of the relief system of unit of choose and employ persons.