Basic Duties of the Employer and the Employee

Abstract

A labor relationship in the form of a pay-for-labor service contract has attributes of a contract under private law and also elements of public interest. As a regular contract under civil law, the core of a labor contract is the basic rights and duties of the parties. A labor relationship concerns not only economic interests but also personal interests, so it involves both private and public interest factors, which makes the parties’ rights and duties in a labor contract more complex. In any labor contract, in addition to the employee’s duty to provide labor service and the employer’s duty to pay for the labor service delivered, due to the personal nature of the two parties in the relationship, it also contains a series of other related duties. The study of the parties’ basic rights and duties in a labor contract is necessary because the law cannot clearly prescribe all the specific rights and duties of the parties. Additionally, it is difficult for the parties to specify in the contract each other’s rights and duties down to the last detail. Therefore, the understanding of the basic rights and duties of the parties will enable smooth performance of the labor contract, and to provide legal base when the parties seek legal remedy.