Study On The System Of The Invalid Labor Contract

Labor contract is an important legal system in adjusting work relationship. It is occupying the extremely important position in the labor law. And the system of invalid labor contract is one of the most important partial of it. Invalid labor contract can not bring any consequence which the interested parties have expected, because an invalid labor contract can not tallies all factors of the valid labor contract, and can not have any law enforcement since it has built. So it has a close benefit relation to litigants. With the depth of economic system reformation, the labor law has met a lot of questions in practice, especially the invalid labor law system, which has been stipulated too simply. Causing so many work disputes in practice, and has no way to realize its system function and legislation goal. How to perfect futility our country labor contract system and make it be an important foundation stone of the working relation, has been a major question in labor law formulation.Because labor contract have dual attribute with personal and property, it has essence distinguishes between labor contract and civil contract, though it has extremely deep origin with civil contract. By analysis the difference between the labor contract and civil contract, the article start from the particularity of the labor contract, contains the value of labor law is protecting laborer interests in law and trying to maintain work order. Then, on the base of the particularity of the labor contract and the value of labor law, the article comprehensively elaborated the confirmation of the invalid labor contract and its legal consequence. Through compared with civil contract law and overseas related stipulations, the paper analysis in priority of the question with much more disputing in invalid labor contract system, such as, the cause of invalid labor contract, confirming institution of invalid labor contract, the processing of invalid labor contract and whether should establish the reversibility labor contract system. At last, the writer advances several suggestions about how to perfect the law system of invalid labor contract. With the improvement of invalid labor contract system, labor contract will be more important in stabilizing the labor relation and promoting the development of the productive forces.