Research On The Laborers' Duty Of Disclosure In The Process Of Contract Concluding

Economic development is accompanied by the vigorous rise of the labor market.Due to the particularity of the development of China's labor market,many aspects are not perfect at present.The problem of information asymmetry is equal to both employers and workers,and the formulation of the labor contract law begins with the principle of inclined protection.Therefore,it is difficult to avoid the false information when the labor relations are concluded.For this reason,the eighth article of the labor contract law stipulates the duty to inform the laborers,but the contents of the labourer's informing obligation are not clear,the liability for breach of duty has not been established,and the system of the labourer's contracting obligation system has not been completed.Through the analysis and Discussion on the content of obligations and the responsibility of obligations,the article explores the application of obligations from the perspective of improving legislation and guiding practice.The full text is divided into three parts: the first part is an overview of the duty of notification of the laborers contracting,from its meaning,nature and theoretical basis to discuss the informing obligation of the workers' informing obligation.In the second part,through the analysis of the existing problems in the legal provisions and practice of the duty of notification of the labourer's contracting,it can be found that the deficiencies in the scope of the notification,the lack of responsibility,the unidentified allocation of the burden of proof,the non standard performance of the obligation,and so on,can be found in the current legal provisions of the duty of notification of the labourer's contracting parties,as well as the resulting problems.In practice,there are some problems,such as confusion of time,fraud,discrimination of employment,infringement of privacy right and so on.On the basis of the analysis of relevant problems,the specific scope of disclosure and the concrete proposals to improve the responsibility are put forward on the basis of the relevant foreign regulations.The third part mainly analyzes the perfection of the obligation legislation,puts forward the scope of the obligation to inform,the way of responsibility and the liability for breach of the obligation of notification,and classifies the liability for breach of the obligation of the contracting parties,and proposes that the labor law should be introduced into the labor law to cause the business opportunities to be lost.In order to protect the actual loss and the expected interest of the employing unit,the principle of liability for loss that leads to loss of interest is thus established.Finally,it is suggested to set up a complete labor contract concluding procedure to prevent workers from violating their obligations from the source.Complete the system of disclosure obligation from procedure and entity.