What Is The Relationship Between The Death Of Laborers And The Termination Of Contracts?

The ninth provision of the general principles of the civil law stipulates that citizens shall have the capacity for civil rights from birth to death, and enjoy civil rights and civil obligations in accordance with the law.

The twentieth provision provides that if a citizen's whereabouts are unknown for 2 years, the interested party may apply to the people's court for declaring him a missing person.

The twenty-third rule states: "if a citizen has one of the following circumstances, the interested party may apply to the people's court for declaring his death: (1) where the whereabouts are unknown for four years, and (two) the whereabouts of the accident are unknown, and shall be two years from the date of the accident."

The labor contract is a contract which provides labor with the laborers as the main content of the labor contract. It has a very strong personal attribute. If the worker dies and the people's court declares disappearance or death, the main body qualification of the party in the labor contract is eliminated, and the labor contract can not be carried out objectively, and the labor contract signed by both parties will be terminated naturally.

The third clause of the forty-fourth clause of the labor contract law stipulates that the death of a laborer or the death or declaration of death by a people's court is terminated.

The labor contract is terminated, and it is easy to operate in practice.

However, when the workers who are declared dead or missing by the people's court appear again, how should we deal with them?

There is no stipulation in the labor contract law.

The author believes that the worker who has been declared dead or missing by the people's court is reappearing. If the worker requests to continue to fulfill the contract, if the term of the labor contract has not expired, it should continue to perform. If the objective change can not be fulfilled, the employer can rescind the labor contract, but the economic compensation should be paid according to law.