On the Time When Labor Relations Are Established
Zhang Rong-fang
Abstract
Zhang Rong-fang
Abstract
The time when labor relations are established is directly related to when employees and employers begin to enjoy their rights and bear their obligations.In accordance with the existing Labor Contract Act,labor relations are held to be set up from the date of employment,which leads to not only much confusion in respect of enforcement of the Act,but also a series of impacts on the logic of labor law.It is the labor contract that underlies the existence of labor relations,which,as a kind of consensual contracts,is entered into where a commitment is made.In the absence of special arrangements,a labor contract takes effect at the time when it is established,and thereby the labor relations form.As such,it is incorrect to say that labor relations are established from the moment when the labor contract is performed.
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The time when labor relations are established is directly related to when employees and employers begin to enjoy their rights and bear their obligations.In accordance with the existing Labor Contract Act,labor relations are held to be set up from the date of employment,which leads to not only much confusion in respect of enforcement of the Act,but also a series of impacts on the logic of labor law.It is the labor contract that underlies the existence of labor relations,which,as a kind of consensual contracts,is entered into where a commitment is made.In the absence of special arrangements,a labor contract takes effect at the time when it is established,and thereby the labor relations form.As such,it is incorrect to say that labor relations are established from the moment when the labor contract is performed.
Key concepts: Labor relations, Labor contract, Industrial relations, Enforcement, Implicit contract theory, Labor disputes, Labour law, Labour economics