Resolution of Economic Disputes: Labor Contract Law
A labor contract is a written agreement between an employee and an employer to establish an employment relationship in accordance with the law and define their rights and obligations. Characteristics of labor contract:
(1) The parties to a labor contract are specific. The parties to a labor contract are an employee, as one side, and an employer, as the other side.
(2) Much content of a labor contract is legally defined. In general, the content, form, termination, and other issues of a civil contract may be agreed upon by the parties to the contract. However, a labor contract involves property and personal relationships, and the employee will be subordinate to the employer and subject to the management of the employer after the labor contract is concluded. Therefore, there are many mandatory provisions in the law in order to guarantee the rights and interests of employees who are in a disadvantaged position after establishing employment relationships. A labor contract that violates the mandatory provisions will be invalid.
(3) Employees are in different positions when signing and performing labor contracts. When signing a labor contract, the employee and the employer follow the principles of equality, free will, and consensus through consultation, and their legal status is equal. However, in the process of performing labor contracts, the employer is in a dominant and managerial position and the employee is in a subordinate and obedient position.
Practising lawyers
-
Robert Zhang
An international lawyer registered in Shanghai, China. Master's degreePublish…
-
Steve Li
An international lawyer registered in Shanghai, China. Master's degreePublish…
ABOUT AUTHOR
- We are a group of China local lawyers from a few law firms
- Email: elitelawyers@outlook.com
My blog: http://www.shanghailawyer.xyz
Copyright © 2020 China International Arbitration Lawyers. All Rights Reserved.
