Study Of The Labor Contract Law Principle Of Good Faith

The principle of good faith is a basic principle of "Labor Contract Law". It should be in the entire process of the labor contract compliance and implementation. However, China's "Labor Contract Law" only provides a labor contract-making process should be abided by the principle of good faith, and the performance and lifting and termination of labor contracts does not elaborate on the application of the principle. Based on the analysis of the characteristics of the principle of good faith and labor contracts on the basis of attributes of the labor contract law, principle of good faith is given a new interpretation, in a bid to establish the principle of the labor contract law.The first chapter is on the connotation of the principle of good faith and its identity. Reviewing the history of the development of the principle of good faith and analysis of the different understanding of the principle of good faith in the principal legal systems, the concept of the principle of good faith refers to material and social conditions in line with the community's and the parties' ethic conviction. It can produce a fair and reasonable result consistent with moral obligation of conduct and the content of the legal norms. We explore the characteristics of the principle of good faith, its developing trend, its scope of application and some restrictions applied to it. We study the principle of good faith in contract law and the changes in the form of performance, which lay a theoretical basis.The second chapter is on the relationship between the principles of good faith and the attributes and characteristics of labor contracts. Labor contract is to establish labor relations. The contract is different from ordinary civil contract attributes; it is a combination of public and private character, private as base. We focus on the main changes, incompletion of the contract, and the sustained implementation with autonomy and restrictions, and other related characteristics. That requires that the labor contract law to keep the principle of good faith. The law also provides on the principle of good faith restrictions and amendments to the labor contract, which make the scope of the principle of good faith more appropriate.Chapter Three studies on the labor contract law principle of good faith. The principle of good faith in the labor contract law adjusts labor relations, balances the interests of all parties. We discuss on the principle of good faith in the labor contract law in the form of new development -the principle of utmost good faith. We analyze the origin of the greatest integrity, reveal their real demands, and finally decide the connotations of the labor contract law principle of good faith. The labor contract law principle of good faith should be included in the fiduciary duty of both sides of the worker and the employer, requiring the parties' mutual trust, integrity and emphasizing the subjective value of the objective integrity. On this basis, establish a labor contract describing the rights and obligations of the parties under the principle of good faith. We analyze the labor contract law principle of good faith shown by the characteristics on the basis of the principle of good faith in China's current labor contract reflected in the main part of the Law.In concluding part we explore the role of good faith in Labor Contract Law, put forth the point that Labor Contract Law's balancing nature, and hold that good faith is a breakthrough or correction to lopsided protection. We also think that the implementation of good faith in Labor Contract Law is conducive to building a harmonious labor relation and a harmonious society.