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Study of the System of the Invalid Labour Contract

Author: ZengHongLiu
Tutor: YuShuHong
School: Wuhan University
Course: Legal
Keywords: Invalid labour contract causation affirmance legal effect perfect
CLC: D922.52
Type: Master's thesis
Year: 2005
Downloads: 426
Quote: 1
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Abstract

Labour contract is a contract which confirms the working connection between employer and employee and defines their rights and obligations . Invalid labour contract is a contract which falls short of legal terms so as to fall flat legal effect .The research of estimate and disposal of the invalid labour contract is propitious to decrease and abstain invalid labour contract and then protect employer and employee ’s legal rights and interests.This article consults the principle of Civil Law and Contract Law and study the system of the invalid labour contract, comprises five parts :Chapter one summarizes the concept , characters and the legal quality of the labour contract and the concept and characters of the invalid labour contract.Chapter two contains the affirmance of the invalid labour contract. The whole thesis is composed by the criterion and framework of affirmance and the two issues of the procedure of affirmance.Chapter three analyses seven causations which induce labour contract invalid .They are irregular main bodies , illegimate content , illegimate form , illegimate formality , untrue intent , infringe public morality , disobey collective contract.Charpter four advocates the legal effect of invalid labour contract -the liability for negligence in concluding a contract . It is consist of civil liability , criminal liability and anministrative liability.Charper five the writer advances three proposes about how to perfect the system of invalid labour contract . Firstly , regulate ulterioly the criterion about the affirmance of the invalid labour contract. Secondly , loosen the demand about the format of labour contract. At last, define the legal effect of invalid labour contract.With the reform of economic system and the entry into WTO, the labour system of our country make changes , obviously , the system of invalid labour contract hangs behind . How to develop the system of the invalid labour contract and pretect steady and ambulatory logically working connection has been a very important and necessitious task . The writer hope this article be beneficial to it.

Study of the System of the Invalid Labour Contract

Abstract

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