The Study On The Legislation Of Warning Right Of Cancellation

Abiding by Labor Law, Labor Contract Law gives the employee advance notice to terminate the rights of labor contract, and meanwhile it clearly defines that legal workers do not need to assume liquidated damage as the labor contract is terminated, that corrects the various unreasonable laws and regulations before Labor Contract Law introduced and improves the warning system of cancellation of labor contract.However, the theory and practice circle have controversy about the rationality of warning right of cancellation and questioning whether its exercise is the violation of the labor contract Law and employing unit's interests, and is the disobedience of the concept of equality and the dignity of labor contracts. Considering the social attribute of labor law and concept of human rights, the setting of warning right of cancellation protects the free exercise of labor rights of workers, promotes the rational flow of labor market resources, strengthens the innate power and the disadvantaged position of workers, and balances the employee's and the employer's status. Therefore it corresponds with the concept of genuine fairness. Moreover, exercising the warning right of cancellation, clearly the legal right of workers in accordance with Labor Contract Law, is neither a violation of Labor Contract Law and interests of the employer, nor a disobedience of the dignity of labor contracts.Compared with foreign legislation, the warning system of cancellation in our country has stronger influence in the potency dimension of protecting workers. Labor Contract Law is drafted based on Legislators learned lessons from and took examples by foreign countries, as well as considering the practical situation of our country, that is the reason why Labor Contract Law tilts to the protection of workers. Since ethical values in Chinese society today do not play an effective role, and unionism and collective contract system have not been integral yet, the blind pursuit of workers and employers' formal equality will make it more difficult to protecting the interests of workers, and it will stimulate employer's short-term speculation which adverse to establish a scientific and effective management of their competition model. Warning right of cancellation tilts to protection for workers, is to keep a balance between workers and employers, to achieve win-win and common development, and to continue to standardize and improve our labor market under the concept of genuine equity and social justice.