Astudy on the validity of labor contracts lacking of essential clauses
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D922.52

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    Abstract:

    The particularity of worker protection should be taken into consideration when a written labor contract is made and entered into. Whether a judge may decide a case on the basis of the text of labor contract is the methodology of judging the parties of the contract have performed the statuary duties under contract. Essential clauses of different nature are vital to the judgment differently. Where a contract is lack of personal information of the parties,work locations,job descriptions,time limit for the labor contract,remunerations and other essential clauses,it should be decided as the parties should bear liability for the failure of performance of the statuary duties stipulated in the written contract. Lacking clauses regarding work hours,break time,and vacations should be deemed as remediable clauses. A contract has no declarative clauses regarding employment protection,work conditions,and protection against and prevention of occupational harm should be regarded that a written labor contract has been concluded. Unless otherwise specified by law,in the event of a labor contract lacking of essential clauses signed by both parties,it is still legally binding on both parties,which should not be regarded as invalid clauses,but rather the basis for judgment.

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苟正金.欠缺必备条款劳动协议文本的法律效力研究[J].重庆大学学报社会科学版,2018,24(2):97~107

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History
  • Received:November 23,2017
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  • Adopted:
  • Online: February 26,2018
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