Journal of Dali University ›› 2023, Vol. 8 ›› Issue (11): 70-80.

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Judicial Empirical Study on Normative Documents Applied to Labor Disputes CasesBased on Article 26, Paragraph 1, Item 2 of The Labor Contract Law

  

  • Online:2023-11-15 Published:2023-12-14

Abstract:

 A labor contract shall be null and void if the employer exempts itself from legal responsibilities or excludes the rights of the worker. This issue hasnot beendeeplystudiedbythe academic research of labor law, and few cases about it are adjudicated by the court. From the court judgment documents, most relevant cases are based on a single adjudication ora second adjudication;From the results of the judgments, the laborers won most cases; On the assumption of legal responsibility, it mostly involves the payment of money; And in terms of cause of action, the first-class cause of action of labor dispute cases should be adopted. This paper classifies the basis for the application of court judgment documents into formal legal norms and informal legal norms. This paper holds that the court can further improve the judgment basis and opinion of the court, combined expression and separate expression, and invalidation and when dealing with such cases.

Key words:  , labor contract, the employers'exemption from legal liability,  , exclusion of laborers'rights,  , invalidity,  , revocation