Study On Special Agreements Of Labor Contract

This paper aims to explore the labor contract system, employers and the rights and obligations of workers and a number of special agreement. In the first chapter of this paper, legal theory and legal practice, and to link China's current "Labor Law" and the "Labor Contract Law" legislation. The labor contract legal rights and obligations of the parties were explained, noting that the main obligations of the employer paid for the labor Baochou, the article of labor remuneration paid - wage payment method and payment forms are analyzed, and made the minimum wage standard system is established, making the wage payment obligation of showing the trend of private law, public law point of view. Meanwhile, the article combined with practice, outlines the performance of the contract the employer has the command, management rights, the right to discipline three rights, which, the article pointed out that social development is comprehensive, professional work, especially professional and highly technical professional work, appeared more and more work rules, operational procedures, the benchmark of professional work is also a trend, or if the employee is in violation of operating rules of order, the employer can exercise their command and management. Command and management, it was considered to be an employer operator, the article maintains that, regardless of whether it is the right business, but this right is a right belonging to the employer. And the corresponding rights and obligations of the employer is the wage claims of workers, laborers work obligations, workers accept the command and management obligations.Chapter II, the first article of the labor contract obligations of the parties in the accompanying analysis of the accompanying obligations of the legal basis of factors that formed the identity of law, personal relations between the Community, said the principle of good faith that the opposing theory that conflict. Although the accompanying obligations of civil law tradition based on the principle of good faith, but the accompanying workers on the labor law obligations of good faith could not only explain many of the accompanying obligations set depends on many specialized systems to build. Subsequently, the paper summarizes and analyzes the labor contract the accompanying obligations of the parties. The existing labor contract system and the legislation does not specifically set above the accompanying obligations of the article summarized here can be seen as improving the existing legal system in China.Chapter III, the article first analyzes the in-service non-competition and termination noncompete both cases, citing real-life job types of Prohibition, and the separation of the noncompete agreement, focusing on the separation of trade prohibited content provisions to be introduced. Secondly, the main body of the non-competition system for the main analysis of the managers, directors of non-competition issues, ordinary workers of trade obligations, the special workers of trade obligations. Finally the non-competition and trade secret protection of the relationship between them. Because in the substantive areas, usually because of Prohibition for the protection of trade secrets, the article explains why non-compete and trade secret protection of the relationship that, in the case of workers dismissed for any reason, its commitment to the trade secrets obligations If agreement through noncompete agreement when is the best choice, if the workers not willing to sign such an agreement, whether to assume the secrecy obligations of the worker, depending on whether the original employing unit acquired the commercial secrets of its obligations naturally With the departure of law into force on duty. In other words, the worker was dismissed after the former employer's trade secrets are still some "implied" obligations. Also analyzed the non-competition and non-commercial secret protection relationship.Chapter IV, the article analyzes terms of training, focusing on areas of our practice exists in terms of a number of questions on the training analysis. Respectively on China's current "Labor Law" is made of special training for workers and employers relations. Taiwan between units to make the relevant Guiding, not the formation of the general occupation special vocational training and develop Touruhuafen made an analysis. Second, in section II of chapter described the special training of Legal Regulation.Chapter V, the article explains the system of labor contract terms of service related issues, in the substantive areas of the agreed period of service employment system in mainland China has long existed not only in labor laws and its system of vocational workers employer the agreement, the public power agencies, including state and public institutions in the recruitment and hiring staff and staff time are also often agreed that the period of service from at least 3 years, 5 years, as many as 8 years, 10 years. As the mainland of China, "Labor Contract Law" before the enactment of labor laws and regulations are not clear on the service provision, and therefore, the parties agreed upon period of service, strictly speaking, made for the employer-led, often in arbitration and access to arbitration proceedings and court support. Further, China's mainland service of the rule of law and legal research is still in blank. Were on fixed term labor contract without a fixed term labor contract and the period of service agreed upon length of service and minimum service life Deng analyzed the problem, analysis of these issues is also the current legal system of the labor contract of service problems of reflection and advice.In short, the labor contract agreed upon rights and obligations of the legal system to work the core, which is guiding the labor contract the parties to regulate their conduct in the guide, is also the basis for judicial handling of labor disputes. Improveing labor contract system will protct the profit, develop the justice.