| The employer’s full performance of the obligation to inform is related to the realization of the purpose of the labor contract and the vital profits of the employees.The number of labor dispute cases caused by the fulfillment of this obligation is enormous.There are not only the problems of rough reasoning and insufficient argumentation,but also a lot of referee disputes.These problems will greatly reduce the faith in the judgment and seriously damage the judicial authority.Starting from the judgment result of the case of the employer’s obligation to inform,the author finds out the cause of the judgment dispute through the analysis of typology,that is,the defects of legislation and the differences in the exercise of judicial discretion.The current law on the employer’s obligation to inform has some obvious defects,such as the limited scope of notification and the overly simple mode of notification.It is difficult to correspond between the legislation and the judicature,which brings great pressure to the judge,but the judge cannot refuse to judge.At this time,judicial discretion has the space to play,and the exercise of discretion will be affected by cognitive ability,value concept and other multiple factors.It is necessary to overcome these two defects to solve the disputed refereeing,but waiting for legislation or judicial interpretation to solve the problem is far from meeting the judicial demand of the public.The case guidance system carried out by the supreme people’s court can not only fill the loopholes of laws,but also regulate judicial discretion appropriately and unify the application of laws.Taking the case guidance system as the center to solve the judgment dispute in the dispute of employer’s obligation to Inform is a feasible way.Since the establishment of the case guidance system,the guiding cases issued by the supreme people’s court have important reference value for judicial activities.Although the Supreme Court of the People’s Republic of China has laid down the principles of this system,the case guidance system has its inherent realization mechanism to resolve the disputes.Based on this mechanism,this paper puts forward some Suggestions on how to use cases to guide the dispute settlement of the employer’s obligation to inform,so as to ensure the impartiality and authority of the judicial judgment of relevant cases. |
