Research On Issues Related To The Service Period Of The "Labor Contract Law"

The rapidly developing 21 st century is an era of digital economy,cultural soft power and talent competition.If enterprises want to innovate and develop the economy better,they need to attract and retain talents;If workers want to have better career development prospects,they need to keep learning and improve their professional quality.The standardization of the service period system not only guarantees the supply of talents and the return rate of special investment of the employing units,but also arouses the enthusiasm and initiative of the workers to learn,so as to promote the harmonious and stable labor relations.However,the theoretical and practical circles on the nature of the service period,the scope of application and liquidated damages and other aspects are still a big dispute.How to balance the labor relations and perfect the service period system on this basis is the core of making the service period system fully display its value.This article mainly from the service period agreed situation,the term setting,the liability for breach of contract and the probation period and the service period of concurrence relations four big content according to the question-legal analysis-the logic of countermeasures.The first part of the service period contract case indistinct definition from professional technical training and service object is too narrow,agreed to abstract three aspects problem analysis,and through the specialized technical training content,increasing the number of special treat applied situation and materialize labor hierarchical typed three aspects put forward legislative advice.In the second part,the main contents of the service term setting include the relationship between the service term and the labor contract term,the legislative issues of the longest service term and the service term standards.By analyzing the problems and legal principles of each piece of content,the corresponding solutions are proposed.In the third part,the competition and cooperation relationship between probation period and service period is mainly analyzed and studied from the two parts of validity determination and liability determination.Due to the lack of legal system,the content of service period agreed in the probation period has been blank in the legislative technology.In the fourth part,the liability for breach of contract is the most complex and controversial service one of the biggest area,the author mainly from a single service relief,uneven distribution of the responsibility,the applicable scope narrow,lack of liquidated damages punitive five aspects of service period of the system of liability for breach of contract content,and by the nature of breach of contract,the service period of the legal rights and obligations responsibility and penalty due to breach of contract and the relationship between compensation and analyzed,thus more clear service period system of liability for breach of contract.Based on the problem of liquidated damages liability during service period and the analysis of jurisprudence,the corresponding Suggestions are put forward.Of course,the development of the new technology era is a dynamic process,we need to keep pace with the pace of The Times,to the service period legislation input most fresh blood.