Research On Service Period System In Labor Law

The operation purpose of the service period system in the law is that the workers can develop their professional quality through the professional and technical training provided by the employer,or get certain special treatment to help the individual production and life.The employer provides special technical training or special treatment to the workers,so as to improve the ability of labor resources or retain high-end talents to play a role in the development of the enterprise.In order to complete the replacement of resources,to achieve the balance of interests between employers and workers.But currently,the provisions of the service period in our law are too general,which can hardly play a real role in the development of market economy.The legislative purpose of the initial establishment of the service period system not only can not be realized,the rough and simple legislation also makes the service period clause in the process of application of disputes,so it is urgent to improve the service period system.This thesis firstly summarizes and analyzes the scholars’ theoretical viewpoints and existing legal provisions on the definition of the service period,explores the nature of the service period,and affirms the necessity of the existence of the service period system theory.Through literature research,case analysis and comparative analysis,the thesis analyzes the problems existing in the service period system.Based on the purpose of legislator explicitly stipulating the service period and combining with judicial cases,the thesis carries out in-depth analysis of the service period system from the theoretical and practical aspects.It is found that the scope of application of the service period system in the current labor law extends from a single professional and technical training to various kinds of special treatment,and the scope of training in practice also appears to be confused with general pre-job training and vocational skills training.In terms of the applicable object of the service period,due to the emergence of new labor relations,the service period is not applicable to this kind of new business type of workers.In addition,the current contract system assumes that the working people are the vulnerable group,and whether the "advantaged workers" and "disadvantaged workers" should be equally applied to various provisions of the service period,this thesis believes that there are some disputes.In terms of the provision of liquidated damages during the service period,it is obviously unreasonable to limit liquidated damages to the professional and technical training expenses obtained by the employer and pay little attention to the obligations that the employer should perform.Secondly,the nature of liquidated damages tends to be compensatory,which easily weakens the deterrent power of the system.Finally,on the term of the service period,our law does not limit the service period agreed time,this will not only reduce the vitality of labor market circulation,limit the development and progress of enterprises,but also directly cause workers to produce the enthusiasm,the enthusiasm of work to fall.Therefore,according to the views of domestic academic circles,legislative status,judicial judgment analysis and relevant experience overseas,combined with the current economic development situation and social reality of our country,the identification standard of professional and technical training,uniform scope of application of service period,establishment of applicable objects of service period,appropriate increase of the amount and punitive penalty of service period of liquidated damages,legal maximum period standard should be set out.The relevant provisions on the service period in the labor law will be revised to effectively protect the legitimate rights and interests of employers and workers.