Research On The Legal System Of Labor Contract Suspension

In the process of performing the labor contract,the conclusion of the labor contract,the revision of the labor contract and the rescission of the labor contract all have the relevant legal basis,but there is no relevant legal basis for the termination of labor contract.This lack of legislation makes the courts and arbitration institutions have the phenomenon of “different judgments in the same case” when dealing with related cases.In view of the lack of this system,some provinces and cities in our country have formulated corresponding local laws and regulations on the termination of labor contract.The enactment of these laws and regulations alleviates the contradiction between laborers and enterprises to a certain extent.However,due to its low legal rank and different provisions,it cannot fundamentally solve such problems.In order to fundamentally solve the lack of this system,the most effective way is to improve the legislative rank of the system of termination of labor contracts and formulate a unified legal system of termination of labor contracts.The formulation of a legal system for the suspension of labor contracts can not only solve all kinds of cases that arise in practice,but also enable the courts to have laws to follow and ease tense labor relations when dealing with relevant cases.To safeguard the legitimate rights and interests of workers and employers,we can also improve the legal system of labor contracts from the conclusion of labor contracts,the revision of labor contracts,the termination of labor contracts and the termination of labor contract.This paper is divided into four parts to explore the establishment of a legal system for the termination of labor contracts.The first part is the demonstration of the legitimacy of the establishment of the termination of labor contract.In this part,the meaning of the labor contract is mainly defined,and the four characteristics of the termination of labor contract system are pointed out.Then it demonstrates that the principle of inclined protection,the principle of autonomy of will and the theory of "no prohibition is feasible" which can provide a theoretical basis for the establishment of the legal system of termination of labor contract.Finally,the necessity and feasibility of establishing this system are pointed out.The second part is the introduction and evaluation of the termination of labor contract in France,Italy and the United States.And this paper drawslessons from these countries,such as the extension of termination of labor contract,the clear provisions of the rights and obligations of employers and employees,and the right to terminate the labor contract of both employers and employees.The third part focuses on the legislative and judicial status of the legal system of termination of labor contract in China,pointing out the defects of the legal system of termination of labor contract in China are that the subject of right of termination of labor contract is not clearly stipulated,the application of termination of labor contract is different in different places,there is no uniform standard of treatment during termination of labor contract,and the time limit of termination of labor contract is not detailed.In view of the system defects mentioned in the third part,the fourth part puts forward the perfect legal suggestions pertinently,including two aspects.On the one hand,the paper proposes to improve the legislative system;on the other hand,the suggestion is the construction of a specific legal system.It is constructed from the aspects of clarifying the subject of the right to terminate the labor contract,perfecting the application of the termination of labor contract,unifying the treatment during the termination period and refining the duration of the termination of labor contract and so on.