Modern Social Science Research

In judicial practice, how to determine the validity of an employment contract that violates mandatory provisions has always been a hot and difficult issue in labor dispute cases. In order to solve the dilemma of determining mandatory provisions in judicial practice, this paper collects and analyzes 100 judgments related to disputes over mandatory provisions of labor contracts, and it can be seen that in practice, there are significant differences in the perception of this provision by courts in various places. The reasons for this are that the applicable standards and identification methods of this provision are different, the legal hierarchy is too restrictive, and there is no relatively uniform mandatory identification standard that meets the special requirements of the labor law, which leads to different adjudication results of local courts on the validity of labor contracts that violate the same mandatory provisions. To this end, it is necessary to solve the problems existing in judicial application by unifying the identification criteria, focusing on the analysis of the purpose and results of the provisions, and making up for the limitations of the legal hierarchy, so as to select the appropriate adjudication mode and protect the legitimate rights and interests of both parties to the labor contract.

Labor contracts; Mandatory provisions; Labor disputes; Judicial application