Study On The System Of The Unilateral Termination Of The Labor Contract By The Worker

As the relation link between the worker and employer, the labor contract stipulates the labor relationship and clear about the rights and obligations of both parties. So the termination of labor contract has great significance to both sides. The labor discharged by labor is according to the labor's will, so it stirs up disputes easily. It not only leads to abuse to the employer, but also causes damage to the labors.The Labor Contract Law was published in 2007.Compared with the Labor Law, it has made a lot of progress. But there are still many problems. So it is necessary to research on this topic。This paper researches the basic theory and the relevant legislation both at home and abroad on the subject. and mainly analyzes the problems on the termination of the labor contract by the employee one-side in our country. Then, it puts forward the legislative proposals, to achieve the goals that moderate inclination to protect the lawful rights and interests of the laborers, maintain the interests between the workers and the employers, and to build the harmonious labor relations.This thesis is separated into four parts, and about 33,000 characters.In part one, the author mainly states the basic theory on the unilateral termination of the labor contract. And set forth the concept, the legal character and the classification of the unilateral termination of the labor contract. On this basis, the author compares it to the relative concepts, then, states it's theoretical basis and value aim.In part two, the author mainly introduces the lawmaking example of the major other countries, and sets forth the valuable experience. The unilateral termination of labor contract could be divided into dissolution labor contract promptly and dissolution of labor contract in advance.In part three, the author states the relative legislation and the problems in our country. In the contract discharged by the employee in advance, the problems are the quality of the act, the scope of the act, the fairness of the legal authority, the period of advance notice on the termination of the employment contract by the employee one-side, the duties of breaking the contract, and the problems in the practice and so on .In the contract discharged by the employee promptly, the problems are the standard to determine that the employee is entitled to resign promptly, the lack of the procedures and the duties of the employer.In part four, the author provides some suggestions, aiming at the insufficiencies in the present legal regulations on the termination of the employment contract by the employee one-side. In the process, we have learned the advanced experience of the foreign. In particular, we can improve it in two ways:these are the unilateral termination with an advance notice and the immediate unilateral termination by the employee. For the former, the main improvement measures are: to make a clear characterization of the behavior, recognize it as the lawful act; to limit the scope of its application to the non-fixed term labor contract; to introduce the concept that to protect workers layered in legislation; to distinguish between the advantaged and the disadvantaged group in the conditions of the termination of the labor contract; to set a reasonable notice period; to improve the legal responsibility; to draw a conclusion on the period of service and the effective of the"waiver". Especially, we need pay more attention to the concept that to protect workers layered in legislation. For the latter, the main measures are that: to clear the criteria and the procedure; to supplement the employer's liabilities for breach of contract. In this way, it can provide more comprehensive improvement for the institution. This is also the focus of the article.