Font Size: a A A

The Study In Law On The Termination Of Labour Contract By Employer Or Employee

Posted on:2006-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y M LiFull Text:PDF
GTID:2166360155463551Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The termination of labour contract by employer or employee is one of the important parts of the law of labour contract and even of labor law. The law entrusts with the employee and the employer all enjoys the right to terminate the labour contract. The termination of the labour contract by employer is also called the dismissal; the termination of the labour contract by employee is called the resignation. When labour relations are established, the employee is subordinated under the employer. And stemming from the first protection of worker's right to work and the right to subsistence, the law is obvious inclining protection to worker's, namely dismissal is strict limited by law, but employee then enjoys the greatly free resignation. But the fundamental research in China is relatively weak at present; its legislation level is somewhat low, therefore, the study in law on the termination of labour contract by employer or employee is valuable.In this thesis, the authoress mainly uses the comparative study meanings, value analysis, the induction and the deduction meanings to relieve the study in law on the termination of labour contract by employer or employee. The first part is the outline of the termination of labour contract by employer or employee, including labour contract concept, legal effect as well as legal value; Second part and the third part separately resign two aspects from the dismissal and the resignation, study the termination of labour by employer or employee home and abroad from its condition, the procedure as well as the legal consequence. In the fourth part, the authoress points out the shortcomings of China termination oflabour contract at present, and puts forward some legislation proposals.In the thesis, the authoress gives her own study on this topic. She induces the main questions existed in present legislation, such as the reason for dismisses is vague; the procedure for dismissal is scared; there is no reasonable limit to the resignation and so on. The authoress introduces the England's theories of job security and job property, thinks the theories have profound reflection in China. And the theories on "reasonable" reason for dismissal and "fair" procedure for dismissal are also useful in China. The authoress carries on a more comprehensive summary to China present system, combs with the self-criticism, and proposed some legislation suggestions, like establishment of the principle of "reasonable" reason for dismissal (but the "reasonable" standard is difficult to define); enrichment of the fair procedure of the termination of the labour contract, consummates the employers' compensation to employee; the strict discrimination the nature between the compensations and compensation for contract violation; stipulated the different notices for dismissal and resignation, and adds the suitable remedies for unfair dismissal and constructive dismissal.
Keywords/Search Tags:termination of labour by employer or employee, dismissal, resignation, redundancy
PDF Full Text Request
Related items