Research On Judgments Of Written Labor Contact

Labor contract is used to establish the labor relationship and define the rights and obligations of employers and employees."Labor Contract Law",which was implemented in China in 2008,stipulates that,"the labor contact should be signed,when the employee works for the employer.If not signed in one year,the employer must bear the punishment of paying twice the wages." The provision is in order to increase the rate of signing the labor contract in real life,and protect the rights and interests of employees.However,in the past two years more and more cases,whether written forms excluding written labor contract such as "Offer letter","Staff hiring approval",and"Entry registration" can be looked as labor contract,have appeared in judicial practice.Because of the lack of provisions of standard form of labor contract,it has caused many disputes.By means of"China Judgment Online" and"CaseShare" databases of 2014-2015,and with reference to the recent"Supreme People’s Court Gazette" and "National Typical Labor Disputes Casebook",are 20 judgments of disputes of written form of labor contract excluding standard labor contract found,such as "Offer letter","Staff hiring approval",and " entry registration".By sorting and summarizing of the reasons and results of each judgment,and learning of the treatment advice of local courts and theoretical achievements,are the problem in judging the written expressions excluding written labor contract solved.Except the foreword are there 4 sections in this paper.Section one is the classification and sorting of the judgments of disputes of written forms excluding standard labor contract.In accordance with "Offer Letter","Notification of Acceptance/Confirmation","Entry Agreement","Employee Recruitment Approval","Entry Registration Form","Labor Agreement","Employment Contract","Job Agreement","Compensation Agreement",and E-mail are the reasons and results of 20 judgments classified.Section two is the summary of the reasons and results of these judgments.Firstly,Classifying the cases according two different results,recognized as labor contract or not,and then analyzing different judging standards.Lastly,are the controversial points found,including the essentials of information of litigants,the intentions of litigants,the form of labor contract,the name and content requirements of the labor contract.Section three is the analysis about the controversial points in the judgments.Firstly,inspecting the elements of subject,form,content and procedure of the establishing of written labor contract.Then combining the results,the treatment advice of local counts and theoretical research,analyzing the controversies in dealing with these cases.Section four is the breakthrough of the form of written labor contract,also the view of this paper.The traditional form of written labor contact cannot catch up with the step of the develop of the society.A written form,including E-mail,which contains the information of litigants,the agreement of the task of the job,especially the signification of each litigants,can also be looked as written labor contract.