Analysis of Difficult Issues in the Conclusion and Validity of Labor Contracts—Based on a dual perspective of judicial practice and normative application

Abstract

The legality and clarity of the validity of labor contracts are core prerequisites for defining the rights and obligations of employers and employees and resolving labor disputes. Based on relevant norms of the *Labor Contract Law* and the *Civil Code*, and combined with typical judicial cases and labor law theory, this paper systematically analyzes four core and difficult issues in full-time employment: the determination of the validity of oral contracts, the liability for breach of the obligation to inform before contracting, the determination of the validity of contracts with unqualified parties , and the judgment of the validity of standard clauses. It reveals that the root of the disputes lies in the principled nature of legal norms, the differences in judicial standards, and the complexity of employment practices. The study proposes that legislation should refine the boundaries of the validity of oral contracts and clarify the scope and responsibility of notification before contracting; the judiciary should issue guiding cases to unify adjudication standards; and enterprises should strengthen compliance management to form a collaborative governance system of "legislation-judicial - enterprise" to achieve fairness and justice in labor relations and ensure the healthy development of the labor market.