Study On The Legal Issues Of Service Period In Labor Law

With the development of social economy,the social division of labor is gradually refined,and the supply of excellent talents with special skills is in short supply.When employing units recruit excellent talents with high matching degree with their own enterprises,the competition is fierce.In order to attract high-quality employees,the employing units will negotiate with the workers to attract talents by providing them with special treatment or special training,which not only meets the needs of enterprises.Their own needs also improve the competitiveness and professionalism of workers in the fierce social competition.Both sides agree on the service period on the premise of reaching consensus through consultation.This paper is divided into five parts to study the legal issues of service period:The first chapter summarizes and analyzes the focus of disputes and solutions of service period in litigation through relevant cases.The second chapter summarizes the general theory of service period,analyzes the difference and connection between service period,labor contract period and non competition period.The third chapter analyzes the problems existing in the process of service term agreement from the perspectives of practice and legal provisions.The main problems in practice are the definition of the starting point of service term,the impact of unclear service term agreement on the effectiveness of service term agreement,the problem of laborers exercising the right to terminate labor contract notice within the service term,and the problem of service term working without fixed term.For the application of contract,the gaps in the law include the limitation of service period,how to define a reasonable service period,and the liability for breach of contract during the service period.The fourth chapter analyzes the legal provisions of labor law service period in Germany,Taiwan,Japan and the United States,and discusses the enlightenment to China.The fifth chapter puts forward suggestions on the improvement of the current service period system.