Study On Legal Issues Related To Service Period

The service period is a system which appeared with the commodity economy develops to a certain stage.It’s the performance that labor market highly developed.Under the market economy,the price of human resources is clearly marked.and the value of labor varies greatly due to the differences in technical level and professional quality of laborers.The establishment of labor relations is essentially the trade of labor between employers and laborers.In this transaction,the service period is necessary to protect the stability of the transaction.Due to the late start of China’s service period,the complex and changeable social and economic conditions and the labor market,there are few provisions on this system in laws and regulations,and there are many problems in practice,which need to be supplemented and improved urgently.In this paper,the author first of all on the service period for the existing problems.By exploring the historical background of the service period,the paper affirms the significance and value of the service period.Through a variety of cases to gradually analyze the "labor contract law" on the service period of the agreed problems.Through the method of conceptual analysis and comparative study,this paper analyzes the meaning of the current provisions of the service period,probes into the intention and tendency of legislators on the service period,and provides the principle guidance for the improvement of the service period.Through the investigation and study of the market situation and the case study of the service period agreement dispute,this paper summarizes several common,wide influence and sharp contradiction problems existing in the application of the current service period.The author hopes to put forward Suggestions on the improvement of the service period through the study of this part of problems,and provide ideas and methods for the solution of service period disputes in a practical sense.This paper first puts forward the idea of high-end service period.Due to the high development of China’s market economy,the flow of human resources is more frequent.The long-term significance of the service period for social development is to promote the employer to provide professional and technical training for laborers,thus promoting the overall progress of the whole society’s technical level.In the current situation,the overall quality of Chinese laborers is still low,the proportion of the population with higher education is not high,and the proportion of high-end positions in the labor market is also relatively low.For this part of posts and workers,the service period is only a simple restriction on workers,and cannot achieve its social significance.To insist on the high-end of the service period is to encourage the employer to stipulate the service period with the employee only for some positions with high technical level and strong professional strength through a series of rules,so as to avoid the abuse of the service period by the employer in practice and increase the responsibility of ordinary workers.In the author’s suggestions on the improvement of the service period,the author first discusses the scope of application of the service period,including that the preconditions for the agreed service period should be extended and the applicable proportion among the laborers should be limited.Secondly,it explores the concept and definition of professional technical training,puts forward the professional characteristics of professional technical training,and generalizes the professional characteristics from the horizontal and vertical dimensions.At the same time,it is suggested that the training form,content and personnel should be distinguished from the professional training.Then through a number of cases on the service period agreement,terms and period of the analysis,put forward the independence of the service period agreement,and on the professional and technical training and service period of the agreement of the sequence of analysis,as well as on the internship and service period of the conflict between the issue of recommendations.Finally,the nature of the liquidated damages is explored,and the compensatory nature of the liquidated damages is proposed,and the amount of the liquidated damages is limited,so as to avoid the situation that the service period excessively aggravates the burden of laborers.The author believes that through the above suggestions will make the service period more perfect,more suitable for Chinese market environment,its institutional advantages will be fully released.