Study On Several Issues Of Concluding Labor Contract

Concluding the labor contract is the first process in the regulation of labor contract, so it is the crucial part in the management of labor contract. In practice, there are many arguments during the concluding contract. So we must avoid the null labor contract and prevent the dispute of the labor contract. For this goal, in this article we study this project, hope supply some help to the practice. There are three chapters in the article.The chapter one is about the basic theory about the labor contract. The first is the concept of labor contract. The labor contract means the employer and employee sign the agreement about the relation of labor depend on the law. After this, the employee joins the unit, become the one of members. The employer manages to them. The second is the characteristics of labor contract. The first is that the subject is special; the subject of labor contract only can be the employee and employer. The second is that the content of contract has two meaning, it belong to the property relation and human relation together. The labor contract establishes the business relation between the employer and employee. The third is that the object is single, only is the labor. The form of labor contract has the oral and writing forms. Base on the labor law of china, the labor contract must the writing form. The content of labor contract include the legal article and agreeable article. Both them has the different regulation in the labor law.The utility of labor contract is the important guarantee to the labor rights. The employer can produce discipline and raise the labor efficiency, decrease the labor dispute. Concluding the labor contract is the activity that the employer and employee base on the legal procedure and some form, agree the content of contract, and establish the labor relation. There are two principles in this: the equality and legislation. the utility of concluding the labor contract demonstrates in four parts: ensure the labor relation ,keep the labor order, hold up the society ,establish the spirit of contract.The chapter two is about the practical problems in the concluding labor contract. It divides into four parts. The first is the shortcoming in the legislation. A. It is too simple in the labor law about how to establish the contract. So it is beyond the practice. B. In the law, we have not regulate that concluding the labor contract is one of responsibility of employer, and have not the law to investigate the labor law. Because in practice, the employer has bigger power in the contract. It is lack of the legal regulation for the real labor relation. The status of labor relation is not sure, so when the labor relation appears, the repayment and reward have not the regulation.The second is the problems in thinking. It demonstrates the employer and employee is lack of the thinking of law. They do not know the real meaning of contract. During concluding the labor contract, they are easygoing in this process. The third is the problem in the practical concluding. The form of labor contract is too rigidity. So, two evil consequences appear. the first is the content is too far away with the real thing of two sides. The second is inequality in the process. The employer has the bigger power than the employee. it lead to some dispute appearing.The chapter three is about studying the legal advices and solving. The first enhance the labor contract legislation, and make it become the real operation. We must make the equality for basic principle of concluding and changing the labor contract. Especially, in china, two sides is imbalance, we must find the balance of their profit. The good choice is that giving the employer more legal responsibility. The second is enhancing the utility of government. Enhancing the government direct concluding the labor contract, establish the related system. We must be determined to concluding many forms for the contract and find the new way to achieve the investigation of labor contract.The third is raising the efficien...