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Research On The Identification Of The Effectification Of The Effectiveness Of Labor Contract

Posted on:2020-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z J LuFull Text:PDF
GTID:2416330602961641Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Whether it is necessary to include the content of revocable labor contract,labor contract with undetermined validity and labor contract without effectiveness into the scope of the labor contract law legislation,so as to achieve the purpose of improving the validity of the labor contract.This issue has been controversial in the labor law community,and some scholars still insist that the revocable mechanism should be added to the validity of the labor contract.This paper attempts to analyze and sort out the provisions on the validity of labor contracts in the current law,and to present their own opinions on whether or not to introduce a revocable mechanism in the issue of the validity of labor contracts.Based on the particularity of labor contracts,this paper examines the relevant situations of law application in judicial practice,and points out the problems in the application of laws in the validity of labor contracts.In the relevant provisions on the validity of labor contracts,there is no division of the mandatory provisions of laws and administrative regulations that lead to the invalidity of labor contracts,nor the effectiveness of labor contracts in violation of public order and good customs.But in the case of such problems in judicial practice,there are cases in which the concept of the validity of civil legal acts in the General Principles of the Civil Law of the People's Republic of China is judged,and the irrationality of such operations is analyzed in combination with specific cases.
Keywords/Search Tags:labor contract, invalid labor contract, civil legal act, improve the system
PDF Full Text Request
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