On the Effectiveness of Obligations of Labor Standard Law to Employment Contract

DOI

10.2991/isss-17.2017.122How to use a DOI?

Keywords

labor standard law; employment contract; labor relation; private law

Abstract

None of the Theory of Reflection Effect, the Theory of Direct Private Law into Effect, and the Theory of Direct Effect in the Third Scope of Law can provide appropriate theoretical explanations for the contract validity of obligations under labor standard laws of China. The labor standard laws of China bear the weight of functions to directly adjust rights and obligations relations under private laws on labor relations subject, with the nature of public laws mixed with private laws. The purposes under labor standard laws is of difference, which can be fallen into pure obligation under public laws and those with double attributes of both public laws and private laws. Only obligations under labor standard laws with double attributes of both public laws and private laws have most direct effectiveness of private laws, and supplement and replace contract content. The effectiveness produces directly on the basis of the labor standard laws and norms, not through the transform of the general terms and conditions of employment contract laws.

Copyright

© 2017, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Feng Pan
PY  - 2017/05
DA  - 2017/05
TI  - On the Effectiveness of Obligations of Labor Standard Law to Employment Contract
BT  - Proceedings of 3rd International Symposium on Social Science (ISSS 2017)
PB  - Atlantis Press
SP  - 552
EP  - 556
SN  - 2352-5398
UR  - https://doi.org/10.2991/isss-17.2017.122
DO  - 10.2991/isss-17.2017.122
ID  - Pan2017/05
ER  -