On Laborers’ Right To Defend Performance Of Labor Contracts

The labor contract originates from the civil contract.The parties to the labor contract have their rights and obligations,so the labor contract is also a double contract.From the legal logic point of view,the provisions on the right of defense in the civil law can be applied.There is no concept of defense right in the labor legal system,nor is there a labor contract to implement the right of defense.However,when the employer violates the law or breach of contract,especially the minor labor violations,the laborer exercises the labor contract to exercise the right of defense.It will be more timely,efficient and low cost.At present,there are few studies on the enforcement of defense rights in labor contracts in China’s legal theory circles,but the creation of this right has a profound theoretical foundation and rich practical significance.This paper discusses the concept,the theoretical basis,the meaning,the content and the judgment and principle of the exercise requirements,and the legal effect of exercising the defense right of the labor contract in the labor contract of the laborer,and discusses the labor contract performance of the laborer.The legal issues related to the right are studied:The first part,starting from the theory of the right of defense in civil law,points out that the performance of the right to defend the labor contract refers to the laborer’s right to execute the labor force against the employer’s labor performance when the statutory conditions are fulfilled..Labor disputes can apply the provisions of civil law within certain limits.However,the concept of labor law tilting to protect laborers and social responsibility is a special concept that labor law is different from civil law.Therefore,it is still necessary to establish special labor contract fulfillment for laborers.The right of defense system.On the one hand,this right gives the workers legal means to remedy the rights,can protect the rights of laborers,reduce the laborer’s rights to protect rights,avoid laborers suffering substantial damage,urge employers to regulate employment behaviors,and promote the formation of harmonious labor relations.On the other hand,China’s current legislation on the exercise of the right to defense of labor contracts has a narrow scope of exercise,the rights and procedures for the exercise of rights are not known,and the related systems are not perfect or even blank.In the second part,according to the obligation of both parties to the labor contract to perform the order,it is generally determined that there is no room for the right to exercise the right of defense in the labor contract.When the employer fails to provide labor protection or labor conditions according to law or according to the agreement,does not pay or does not pay the compensation limit for the competition limit on time,the laborer may exercise the right of defense first.When the labor remuneration claim is not guaranteed,the employer’s labor rules and regulations are illegal or unreasonable,and the employer violates the law and regulations to extend the working time,the laborer may exercise the right of unrest.The third part explores the judgment and principle of the exercise of the right to defense of the labor contract.When the employer has harmful behavior or illegal behavior,the laborer first informs the subjective understanding of "good faith and reasonable belief".The employer may temporarily refuse to provide labor benefits.The laborer’s exercise of the labor contract to perform the right of defense must follow the principles of necessity,balance,purpose and identity.The fourth part discusses the legal effect of the exercise of the right of defense in the labor contract,and introduces the labor contract suspension system.The exercise of this right will make the labor relationship in a special suspension state,and then resume normal operation after the elimination of the cause.To give full play to the role of the labor contract in fulfilling the right of defense,it is necessary to improve the legislation and improve the labor contract suspension system,optimize the evidence rules of labor disputes,and at the same time take into account the legitimate rights and interests of the employer and fully realize fairness,in order to maintain a harmonious and stable labor relationship for a long time.