Study On Unilateral Right System To Cancel Labor Contract

As the link between a laborer and an employing unit, a laborcontract defines the rights and obligations of respective parties. Thefulfillment of labor contracts contributes to the normal run of the societyas a whole. The cancellation of a contract terminates the rights andobligations of both parties concerned. Has been experienced many casesof labor arbitration , the writer profoundly realizes the importance of theright to cancel a labor contract, esp. the unilateral right. The right not onlyconcerns the laborer's physical freedom, but also involves the employingunit's right to adjust labor relations. Therefore, it is essential to make aresearch on the right.By comparing domestic and foreign legislation on the unilateralrights system of cancellation, the writer holds that our labor law haven'tperfected been yet. First, the performing conditions of the random right tocancel a contract of both parties concerned are imperfect and too generalto be effected in practice. This essay gives a detailed analysis and putsforward the writer's view;Next, the existing law does not prescribe theforms of assuming the liabilities for breaching contract whileempowering a laborer to resign at any time resulting in the laborer'sabstract right to cancel a contract without assuming any liabilities. Finally,As the result of lack of provisions in labor law stipulating the employingunit's abstract right of cancellation, the means of employing unit to adjustlabor relation are limited, thus affecting the normal adjustment ofmanufacturing management.The employing unit should be empowered to enjoy the abstract rightof cancellation for the personal characteristics of a labor contract, butsimultaneously should prescribe the liabilities of practicing the right(probation period was excluded). In order to avoid the abuse of the right,the law should provide forms of assuming liabilities exclusive ofcontinuing to perform the liabilities for the only reason to set the right isto exclude the form of assuming liabilities by continuing performance.Considering the unequal position between a laborer and an employingunit, the law should stipulate that the liabilities the employing unitexecuting the abstract right of cancellation outweighs that of the laborerand that of executing his own fore notice right.In accordance with the employ unit's fore-notice right to cancel acontract, when rebuilding the unilateral right system to cancel contractthe law shall provide an laborer's fore-notice right, and define theconditions and liabilities of the laborer to execute the right as well asliabilities of implementing other types unilateral rights of cancellation.Furthermore, The conditions of implementing the right should beperfected in the new unilateral right system to cancel a labor contract.The anew unilateral right system to cancel labor contract is not onlyadvantageous to mastering the executing conditions of all kinds of rightsof cancellation, but also benefit to the balance of the interests of twoparties concerned, conductive to the fulfillment of the labor contract andthe stability of the labor relations.