Research On Legal Problems Of Incidental Obligations In Labor Contracts

To establish harmonious and stable labor relations is the requirement of social and economic development.Perfecting the system of labor contract attached obligation is the cornerstone to protect the legitimate rights and interests of both workers and employers.This article obtains from the three typical labor dispute,through the legal analysis,the focus of controversy in theory a clear definition of the concept of labor contract accompanying obligations and basis,according to the present our country labor contract system design and the obligation to execute the collateral obligation is discussed,the problems of case conclusion for the perfection of the labor contract system of collateral obligation rationalization proposal is put forward.This paper is divided into four parts to explain the labor contract attached obligations:The first part: introduction.Starting from the research background,research significance,literature review and research methods,the introduction expounds the historical background and research status of the labor contract collateral obligation system,and analyzes the deficiencies of the academic research on the labor contract collateral obligation theory and the imperfect legislation.The collateral obligation is generated according to the debt law.The design of the collateral obligation system of labor contract mainly refers to the relevant theories of collateral obligation in the field of civil law,which makes the collateral obligation system of labor contract lack its own characteristics.The second part: Summary of typical cases and dispute focus.Based on three typical cases of labor contract attached obligations,this paper summarizes three focuses of disputes related to labor contract attached obligations,that is,whether thedispute over the non-performance of labor contract attached obligations is a labor dispute;What are the contents of the obligations attached to the labor contract? How to compensate for the loss caused by the obligation attached to the labor contract.In judicial practice,there are many cases caused by the attached obligation of labor contract,but the cases cannot be properly resolved due to the imperfect legislation,so strengthening the relevant legislation of the attached obligation of labor contract is an important way to properly solve labor disputes.The third part: Legal analysis of the obligation attached to labor contract.Firstly,the concept,legislative principles and related systems of the obligation attached to the labor contract are briefly introduced.The attached obligations of labor contract are developed according to the attached obligations of the contract,and they all have the basic attributes of the contract.Specifically,they are based on the principle of good faith,the principle of preferential protection of workers,and they require the parties to the labor contract to undertake some kind of act or omission obligation according to law.Generally speaking,the legal system of incidental obligations of labor contracts outside the region is richer in content and more complete in legal provisions,which can be used for reference in improving the relevant system of incidental obligations of labor contracts in China.Secondly,the paper analyzes the three points of dispute one by one.The labor contract with the obligation to perform the dispute,whether from the dispute subject,rights and obligations content or the object of the dispute,all meet the elements of the labor dispute.Accordingly,labor contract accompanies obligation to perform dispute to ought to belong to labor dispute.The content of the attached obligation of labor contract can be divided into two categories in China,namely the attached obligation clearly stipulated by law and the presumed attached obligation.At present,the scope of obligation attached to labor contract clearly stipulated by the law cannot meet the demand of solving labor disputes,and the obligation attached to the presumption is short of the standard of principle,which leads to frequent disputes in judicial judgment.In the system of external labor contract collateral obligation,the protection of the spiritual field is relatively comprehensive,which can play a certain role ofenlightenment and reference to the improvement of the content of collateral obligation of labor contract in China.Aiming at the compensation for the loss caused by the failure to perform the attached obligations of the labor contract,this paper analyzes the losses caused by the failure to perform the attached obligations of the labor contract to the other party during the performance of the labor contract and at the end of the labor contract from the perspective of the equivalence between the loss and compensation.Emphasis on labor contract at the end of the accompanying obligations have a time limit,the parties failed to fulfill their collateral obligation will result in the other’s loss expanded,may obtain compensation for the direct losses,more can’t get legal support of indirect losses,and the indirect losses tend to laborer future career and life bring great influence,losses and damages caused by the unequal.In addition,it is difficult to prove the damages,which makes it more difficult to fulfill such obligations.The fourth part: Conclusion and revelation of the case.Based on the typical cases and the analysis of the full text,the paper draws the corresponding conclusions.In revelation suggestion,at the same time,puts forward the specific labor contract accompanying obligations belong to the labor dispute,dispute appropriately expand the scope of legal labor contract accompanying obligations,increase fails to fulfill its obligations of the labor contract with accompanying punitive damages and other legal responsibilities,for the improvement of the system of labor contract accompanying obligations rationalization proposal is put forward.