| Invalid labor contract refers to the labor contract signed by the employing unit and the laborer,which has no legal effect according to the agreement of the parties to the labor contract because of the serious lack of the effective elements.In labor legal relations,labourers are in a weak position and need special protection of their rights and interests by law.The significance of setting up an invalid labor contract system lies in tilting to protect the legitimate rights and interests of labourers.Through the form of state intervention to maintain the harmony and stability of labor relations.At present,the legislation on invalid labor contract system is mainly reflected in labor law and labor contract law,but the current regulations on invalid labor contract system still exist in our country.It is necessary to discuss and study the invalid labor contract system of our country deeply and put forward some scientific suggestions to consummate the system of invalid labor contract,which brings many problems in the concrete execution and can not realize the purpose of legislation.This paper uses comparative analysis method,historical analysis method and value analysis method to carry on the research.First of all,the basic theory of invalid labor contract system is studied.Starting with the concept and characteristics of invalid labor contract system,the development process and value orientation of invalid labor contract are analyzed,which lays a theoretical foundation for the later discussion.Secondly,the legislative experience of representative countries in civil law system and Anglo-American law system is selected to provide reference for the future legal amendment of our country.Finally,this paper expounds the legislative situation and existing problems of our country at present,and puts forward some suggestions to perfect it.The system of invalid labor contract in our country has the following problems:the evaluation of the effectiveness of labor contract,only effective and invalid two kinds of evaluation results,did not give the party to make up for the defective laborcontract opportunity,lack of cancellable labor contract system;The form of labor contract is limited to written form;the scope of confirming institution of invalid labor contract is narrow;the standard of confirming invalidity of labor contract is vague.This paper argues that the system of cancellable labor contracts should be established,the traditional "dual evaluation mechanism" should be broken,and without violating the mandatory provisions of the law and administrative regulations,the parties to the labor contract should weigh their own interests.A decision on whether to cancel a labor contract may reduce the number of invalid labor contracts to a certain extent.The labor administrative organ is given the right to confirm the validity of the labor contract,and the validity of the labor contract is judged at the first time in the process of enforcing the law,so as to prevent the loss of the injured party from expanding.Expand the scope of labor contract form,make the way of labor contract more flexible.Consummate the confirmation standard of invalid labor contract,make it clear.The type of invalid labor contract is defined.In order to create a good trade order in the labor market,it is of great significance to maintain the harmony and stability of labor relations. |
