The Study On Service Period Item Of The Labor Contract

The Service Term in the labor contract is so vital to the development of labor relation. Meanwhile, it also contributes the worker's career planning. Specifically, it not only effectively satisfies the wish of workers to enhance their value, but also meets the desire of employers'to improve the workers'productivity and creativity. Meanwhile, the system of Service Term is helpful not only to relieve labor conflicts, but also to improve the quality of labor force in national wide. Based on the merits mentioned above, the system of Service Term is absorbed by the Labor Contract Law. However, the drawbacks of the current law is obvious: on one hand, the rules are too simple, which cause a lot of debates, on the other hand, the function of the system of Service Term is restrained because the law lacks the flexibility.According to the analysis on the legislative achievements and the theoretical researches in some countries including Japan and Germany and some districts such as Taiwan, the writer make a tentative research on the corresponding current law and local regulations from several perspectives. On this basis, the writer puts forwards his own view.In Chapter 1, discussions are focused on the introduction of basic meaning of Service Term, so as to establish the scope and importance of the study by analyzing the concept of Service Term and its legal characteristics.In Chapter 2, through the analysis on the current situations and features of the enacted law ,the writer intends to discuss the drawbacks of the current law and the necessity of its further improvement in light of existing problems, ,.In Chapter 3, the purport of this thesis is put forward by summarizing the existing problems. That is to improve the current legislation by adjusting the scope and intensity of legislative intervention. In this theoretical context, the writer contrives to realize such purport from the following aspects: firstly, the law should clarify the connotation and extension of Professional Technique Training, and establish the legal status of the special treatment as well. Secondly, the law should set the corresponding reference for the period of Service Term, restricting its upper limit. Thirdly the law makers should amplify necessary system for breach of contract. Thus, the goal of substantive justice can be achieved in the aspect of liability, and the function of Service Term can be realized.