Research On Laborer's Obligation To Inform At The Contracting Stage

Article 8 of China's Labor Contract Law clearly stipulates that in the process of conclusion of a labor contract,the laborer and the employer shall have mutual obligation to inform each other.Incorporating the stage of labor contracting into the scope of legal adjustment reflects the progress of China's labor legislation.However,the specificity of the obligation to inform,the law does not give clear provisions,which led to a large number of"job-seeking fraud" labor disputes in the fierce labor market,especially whether the information such as concealing "child" can be judged as "fraud" Behavior,in the practice circle,there are different judgments in the same case,the reasons for the judgment are different,and the judgment is rough.There are still many disputes in the academic circles on the discussion of Article 8.The thickening of the law is difficult to cope with the emerging new labor relations,and it is impossible to effectively balance the rights and interests of both employers and employees.This paper discusses the necessity of the laborer's obligation to inform and the legal nature of the obligation at the contracting stage,and uses the civil fraud theory to clarify the laborer's obligation to inform,and believes that the laborer's obligation to perform the notification should not be only passive,but also part of the voluntary obligation.The legality of the question of the employer is also an important factor in defining the content of the laborer's notification;the invalid clause of the labor contract is related to the liability for breach of the obligation to inform,but based on the legal nature of the employee's obligation to inform,it should also bear the responsibility for negligence in contracting.