A Study On The Determination Of The Validity Of Labor Contracts Violating Mandatory Regulations

The debate on private autonomy and state regulation in the field of labor law has not stopped,and the trend of deregulation has become more and more prosperous.Autonomy and regulation are important means of adjusting labor relations,and tend to choose which way to reflect the certain value choices of legislators.Any labor law must,in fact,be in the confrontation of multiple value conflicts and different interests,observe,reflect,and choose,set boundaries on the contractual behavior of employers and employees,and finally establish the location of autonomy and control.And all these value choices inevitably fall on the core of labor relations-labor contracts.The labor contract should be the result of the negotiation between the laborer and the employer,but after all,labor law is social law and has the characteristics of both public and private law.It is necessary to respect the free will of the laborer and the behavior of the employer and the laborer.Make certain restrictions.The issue of determining the validity of a labor contract in violation of a compulsory norm can best reflect the depth and breadth of the state's involvement in the labor contract.The investigation of this clause thus forms the core of this article.This article consists of five parts:The introduction mainly raises questions,elaborates the research background and significance of the labor contract validity determination in violation of mandatory norms,and proposes its own research methods and ideas.The first chapter,starting from the general theory of mandatory norms and the effectiveness of labor contracts,expounds the connotation and extension of mandatory norms,and sorts out the relevant provisions of mandatory norms in the Labor Law and the Labor Contract Law.The second chapter,through case analysis,shows the current status of the application of "compulsory norms" by Chinese courts in labor cases.It is found that the application of mandatory norms in labor cases is no longer individual,but presents a certain regularity.The third chapter analyzes the judicial practice compulsory norms applicable dilemma: one is the dilemma of identification,the other is the dilemma of judgment,and the in-depth analysis of the reasons for the formation of the dilemma.The fourth chapter,has been clear about the labor contract should follow the basic principles of appropriate to the mandatory norms,and on this basis,puts forward some suggestions for improvement,and hopes to inspire the judicial determination of the validity of labor contracts that violate compulsory norms.