| Article 8 of China Labor Contract Law established the employers’ obligation of informing and workers’ obligations of disclosure.This article is an important performance of the progress of labor legislation,which indicates that China labor legislation not only concentrate on the problems of fulfilment,modification and termination of the labor contract,but begin to bring the stage of conclusion of labor contract into the range of legal regulation,making the legislation more perfect and precise.But the concrete content of this article is not explicit,leading the confusion of application of it by the Court during the juridical practice.This paper analyses the existing legal regulations in detail based on the angle of interpretivism.Summarize the problems of application of Article 8 through the analysis of cases,and discuss how apply this article based on the angle of systematic legislation and guiding practice.That is to say,it analyses the content of this obligation,the types of breach of this duty and the legal consequences of this breach in order to establish the system of workers’ obligations of disclosure when concluding a contract.This paper has 4 parts,and the details as follows:The first part is the introduction.In the first place,this part explains the reasons of putting forward the problem through the comparison of cases,defines the point of the problem,and instructs the implications of legislation and application.Then,it analyses the current situation of workers’obligations of disclosure both in the legislation and theory research,give a review to its overall significance,and form the general knowledge of this problem,explicating the theoretical principles.The research analysis method of historical,comparison and value will be used synthetically during this process.The second part states the theoretical principle of workers’ obligations of disclosure-the principle of good faith.It mainly contains two parts.On the one hand,it summarizes the basic meaning of the good faith.On the other hand,it explain the relationship between the labor law and the civil law,as well as the labor law’s breakthrough and surpassing of the civil law,in order to exploring the theory evidence of applying the principle of good faith to labor law.Finally,it makes the conclusion that the principle of good faith is the theory evidence of workers’obligations of disclosure when concluding a contract.The third part is mainly analyzing the content of workers’ obligations of disclosure when concluding a contract.Firstly,it definite the specific scope of workers’ obligations of disclosure,dividing into the obligations of active disclosure and passive disclosure.In addition,it explains the standards of the judgement of its performance.Lastly,it still describes the features of workers’ obligations of disclosure when concluding a contract,and analyzes the different types of the workers’ breach of this obligation based on the angle of fraud of hunting a job,which contain fiction and concealment of the relating information.The exploration of types of fraud of hunting a job,reasons of it,the structure of behavior and the judgement standards of juridical practice helps to comment on some judgements of cases and provide reference for the regulation of such behaviors.The fourth part is about the consequences of its breach.The first one is related to the assessment of the effect of the labor contract,and suggesting the establishment of the system of the revoking of labor contract.The other is about the assuming of liability,explaining the structure of this system from types of the liability,doctrine of liability fixation,components and the method of assuming.The author tries to make a comprehensive knowledge of this obligation,and hope that this superficial view can make some contributions to the relative researcher,providing the theory basis for the revising of the labor law and the application of labor law in the future.In addition,this paper draw a lot of experience of the civil law theory,but the research of the theory and principle of labor law should focus on the typical features of the labor law itself.The experience of the civil is just a method,which needs to be reformed and making it separated from the civil law. |
