Research On Laborers' Right To Resign

The right to resign is established based on weak social position and human rights out of laborer right. It is one of the statutory rights for laborers as well as the right that balances employers'power and prevents employer from abusing. The right to resign is the most revolutionary in laborer law establishing and disputed a lot as well. Before"Laborer Law"enacted, it is hard for laborers to resign and the right to resign is not able to be protected, which cause a great limit for laborers'job choice and human resources'transferring and therefore brings difficulty to integrate social profits. Among laborer rights, working right is the most important one which embodies choosing to be employed freely. The author sees great importance attached to the right to resign. The right to resign is the theme of this thesis probing basic definitions, property, value, basic categories and improvement of legislation improvement to set up a better solid law protection for laborers resign right.The thesis is composed of five chapters.In the first part, basic theory including definitions, nature and the difference between the right to resign and the others are described. Resign is the general description that employees terminate the contract with employers unilaterally. Most of scholars are probing this issue from this perspective. In fact, the right to resign is made up of two elements: subject and content. While laborer is subject, employment relationship terminating is the content and the core element is right. Employment relationship has three types, the first one is the relationship in area of fixed worker, the second is the employment contract relationship, and the last is valid fact employment relationship. All these elements are imperative especially for subject, namely, the laborers. The...