Study On The Unilateral Termination Of The Employment Contract

The termination of the employment contract is a crucial stage in the legal system of labor contract, which involves the efficiency of the contract of employment and protection of parties' interests and rights, so it is vulnerable to disputes. Especially in the case of unilateral termination, one party didn't take another party's will into account; if one party didn't tackle it properly, it will hurt another party's interests and damage the efficiency and authority of the contract. In terms of termination of the employment of the contract, there are 9 articles in the Labor Contract in China, among which there are 8 articles are about the issue of unilateral termination. Apparently, there is attached great importance to unilateral termination regarding legislation for this issue.The comparative analysis is made in this article, and it is a comprehensive and systematic analysis and research. In Part one, the concept, classification and the significance of the legislation of unilateral termination; in part two, the research was conducted about the legal system of unilateral termination by laborers from the perspective of unilateral notice of termination by laborers and unilateral instant termination by laborers, in part three, the discussion was made on the legal system of unilateral termination by employers from the perspective of unilateral notice termination by employers and unilateral instant termination by employers; in part four, the suggestions and advices on how to reorganize the system of unilateral termination was pointed out in light of the drawbacks of that system.With the deepening of our economic system's reform and accession into WTO, our employment system is experiencing changes. It is a worthwhile topic on how to give full play of the labor resources allocation, maintenance of employment relation's stability and reasonable liquidity, balance the interests of employers and employees simultaneously...