2012Xiandai faxueRequires access

On the Time When Labor Relations Are Established

Zhang Rong-fang

Open publisher page 0 citations

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.

About this research paper

What this paper is about

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.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available 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.

Key concepts: Labor relations, Labor contract, Industrial relations, Enforcement, Implicit contract theory, Labor disputes, Labour law, Labour economics

Related papers

Back to paper searchBrowse research topicsOriginal source
On the Time When Labor Relations Are Established — Research Paper | ScholarLens