Research On Labor Contract Invalidity

China's Contract Law stipulates the invalidity of the contract,and China's Labor Contract Law that implemented in 2008 also stipulates the invalidity of the labor contract.Compared with civil law,two main creation of legislation are issued in current labor law:Firstly,the fraud,coercion and other types of intention flaws are included in the category of labor contract invalidity.Secondly,Labor Contract Law disposes all defective labor contracts by termination.The two creation above leads to a long-term dispute of labor contract invalidity in academic circles.The relationship that between invalid contract in civil law and invalid labor contract in labor law has not been clarified in the legislation on labor contract invalidity,because of the deviation of understanding of labor contract invalidity,and the shortage of support to termination as appropriate way of disposing invalid labor contract,which both causes some system defects,such as extensive scope of affirmation to invalid labor contract,,termination applied to invalid labor contract disobeys basic mechanism of contract.Therefore,the labor law should clarify that the function of labor contract invalidity,and return to its proper system orientation,keep balance on the sides between drawing lessons from the basic principle of contract and carrying out “Inclining Protection” under the concept of society-centralism.It is of great theoretical value and practical significance to dispose the defective labor relations properly that caused by labor contract invalidity.This thesis is comprised of the following four parts:In the first part,the thesis combs the existing labor legislation of labor contract invalidity in the perspective of labor law,and clarifies its specific system design,legislative evolution and differences in laws and regulations.Therefore,this thesis intends to research the defects of the existing legislation.The second part,focusing on labor contract invalidity in the Labor Contract Law,the thesis analyses its defects mainly including broaden invalidity scope of labor contract,“self-confirmation” to labor contract invalidity in fact distorts its function,and termination applied to invalid labor contract disobeys basic mechanism of contract.Based on the summary of the legislation defects,the third part comes to analysetheir probable causes.First of all,the current laws do not distinguish between "Absolute invalidity" and "Relative invalidity",which leads to the distortion of the function of the labor contract invalidity system.Secondly,the recognition of the effect of "Original invalidity" and "Deserved invalidity" in legislation is not accurate,resulting in duplication and omission of specific legal provisions.Finally,the existing legislation unifies the treatment of defective labor contracts by termination,the purpose of which is to deal with actual labor relations,however,it is inadequate that the termination shall be used to deal with labor contract invalidity.The reasons that presented above lead to the defects of the current labor contract invalidity system.According to the analysis of the reasons of deficiency of the current labor contract invalidation system,the fourth part mainly probes into the perfection of the invalid labor contract system of our country from the legal situation and mechanism.First of all,legislation should complete enforcement of the labor contract by adding revocable labor contract,and explore its coordinated operation with termination and invalidity in existing laws.Furthermore,the another way is to perfect the legal situations of labor contract invalidity,including three necessary situations such as violation of mandatory regulations of law and administration regulations,violation of social public interest and contract contents that cannot catch up with labor standard or collective contract standard.