The Labor Contract Revocation. Germany And France,

According to the principal of freedom of contract, the both parties of the contract could conclude a contract based on the declaration of intentions of their own. When the declarations of intentions do not reflect the real purpose of the parties, the parties could cancel the contract even if the contract has been concluded. Labor Contract is been concluded based on the agreement of the declaration of intentions of employer and employee. So, when the declaration of intention, which has been based to conclude the labor contract, does not reflect the real purpose of the employer or the employee. The law also entitles the employer or the employee to revoke the declaration of intention. However because the labor contract is a kind of special service contract, on the one side the general rules of the civil code is applied when perform previous right of revocation, on the other side some characters of the labor contract are different from general service contract and because of protecting for the laborer supplied by the German law the there are also some different when performing the civil code.This article is planning to set forth the relevant issue. First, I will introduce some general provisions of German law about the right of revocation briefly. Second, I will introduce the special regulations of German law about right of revocation applied in the labor contract. This article is separated into four parts including six chapters.The first part is The General Theory. First I will discourse the fundamental principle of the right of revocation in the civil area briefly. Second, I will discourse the right of revocation applied in Labor Law area. In the second part, I will discourse the constitutive requirements of the right of revocation, the exercise conditions and the legal consequences.Meanwhile, I will discourse the limitation of performing the right of revocation regulated by the labor law. I also want to make a distinction between the concept of the revoking of the labor contract and the concept of terminate of the labor contract.The second part is including the second chapter, the third chapter and the fourth chapter. In this part I will explain the conditions which could ?result in canceling the contract and how to use these conditions to cancel the contract in the labor contract area. The second chapter introduces the revocation the contract for error, mainly including explaining the several error conditions, especially focusing on the nature error issue. There also discourse the difference between the general provisions of civil law and the labor law when revoking the contract because of the error. The third chapter introduces the fraud condition and the force condition leading to revoke the contract. I mainly explain the specific reasons in the labor contract area. And there also discourse the different between the fraud condition and the compel condition which also could lead to revoke the contract. The key points of this chapter are to discourse the obligation to disclose of the laborer when revoking the contract for fraud reasons and the right to ask of the employer, at the same time, there are some example to support my discussion. The fourth chapter introduces some other conditions that also could lead to revoke the contract including the right of rescission of the item of the contract, the right of rescission on the condition of terminating the contract and right of rescission when ending the labor relationship by agreement.The third part is chapter five, which compares different regulation between China and Germany in the issue of rescission of labor contract. It mainly discusses and concludes the designation of regime, value orientation and performation in practice. Then it compared with these in Germany.The fourth part of the article is chapter six, mainly concludes the whole article. In this part I introduce the relevant regulations in China then compare and analysis the two kinds of provision of right of rescission in the labor law system by German and China. Finally, I make some suggestions on setting up the right of rescission in the labor contract area and adding some relevant judicial interpretation of this issue.