An employment contract is a contract of human capital property rights transaction between employees and employer. Due to its incompleteness, the employees’ rights can not be fully defined in the employment contract. Therefore, some rights of employees lie in “Public Domain”. Due to the rule of “Power Defining Property” in the prosperity dealing, employers with great power are able to grab at employees’ rights in “Public Domain”. In this paper, the theoretical foundation on the source of violations to employees’ rights, the value of labor contract law and the role of labor union playing in the labor relationship are presented in perspective of property rights.
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