Research On The Employer’s Right To Know In Contract-Making Stage

Employment is the foundation of people’s livelihood,is the biggest people’s livelihood,is our party’s "people-centered" governance philosophy is the main embodiment.Talk about laborer obtain employment,what should face above all is the information problem.Based on the employer’s right to know,this paper takes the second half of article 8 of the labor contract law as the breakthrough to explore the problems in the exercise of the employer’s right to know and tries to put forward corresponding countermeasures.The article is divided into three parts:The first part discusses the theoretical basis and content of the employer’s right to know.Starting with the theoretical analysis of the legitimacy of the right to know of the employing units,and then the concept and nature of the right to know of the employing units to make a basic definition.Through the analysis of this paragraph,it can be seen that the employer’s right to know is based on the establishment of labor relations.The personality subordination of labor relations not only makes the behavior of granting the employer’s right to know reasonable,but also makes the limitation of the employer’s right to know inevitable.The second part mainly discusses the exercise of the employing unit’s right to know in the current practice.It’s unclear about the rage of employers’ right to know,so it’s difficult to judge.Based on complex and constitute fraud,the article discusses the initiative to inform obligation of laborer,unit of choose and employ persons of the duty of care as well as the effectiveness of the laborer commitment problem,trying to clarify the laborer standards constitute fraud.At the same time,it introduces the relief of the employer’s right to know,that is,the analysis of the invalidity of the labor contract,and discusses whether the invalid labor contract must be terminated in time.In the third part,based on the analysis of the right to know of the employer in the contracting stage,the author puts forward some countermeasures.We can follow the principle of benefit measure,pegged to the laborers working ability the information clear scope of unit of choose and employ persons’ right to know,at the same time establish worker only in the process of passive inquiry must be truthfully inform the information,make laborer and unit of choose and employ persons,hope I can better help exercise the right to know of unit of choose and employ persons,coordination of unit of choose and employ persons and laborer conflicts of interest.