On The Validity Of Rlectronic Labor Contract

From the perspective of literal meaning,electronic labor contract is a new form of labor contract in the information age and a sub concept of labor contract.Despite its formal features,electronic labor contract is still essentially a legal act in traditional legal theory.In judicial practice,electronic labor contract disputes occur frequently,and in real life,electronic labor contract is frequently used,while labor contract law requires the signing of written labor contract.First,how to determine whether the electronic labor contract is a written form?Secondly,can the validity of electronic labor contract be regulated and adjusted by contract law,electronic signature law and other electronic contract laws?The basic reason for the divergence of views is that the rules for determining the validity of electronic labor contract are still blank in current law.As for electronic labor contract,this emerging legal phenomenon,there is no special provision for it in labor law at present.Only Labor Law of the people’s Republic of China and Labor Contract Law of the people’s Republic of China have made general provisions on the conclusion of labor contract,which makes it difficult to identify the effectiveness of electronic labor contract in practice.At the same time,how to identify the effectiveness of electronic labor contract has become an important problem to be solved in the implementation of labor contract law.Thirdly,through the internal website,or through the electronic contract signing platform to sign the labor contract in the form of standard contract text,in order to make the electronic labor contract enter into force,the employer should ensure that the electronic labor contract meets the effective requirements.Similarly,we should also ensure that the electronic labor contract with E-mail,WeChat,QQ as carrier and non-standard contract text with scattered contract terms has legal effect.In view of this,the research on the effectiveness of electronic labor contract should first clarify the concept of electronic labor contract,confirm that it belongs to the scope of labor law regulation,and explore the mode of identifying the effectiveness of electronic labor contract in legislation on the basis of in-depth analysis of the normative intention of labor law for written labor contract.