A Study On The Raveling Of Labouring Contract

With development and economic reform to establish a modern enterprise system, enterprises will become the main market of independent corporate bodies and the main competitors. Labor relations are bound by the administrative toward legalization. Employers and workers in labor relations and the establishment of labor rights and obligations of the process to establish the validity of the labor contract must be adopted to identify and standardize the form. Labor contract labor system reform, stable labor relations and labor relations, the legal system has played an important role. Practice, the labor contract labor contracts to lift the legal system is an important aspect of the labor law is a major issue that directly affects the effectiveness of the labor contract, the parties to the contract to protect the rights and interests of gains and losses, it is easy to cause controversy. In particular, the unilateral lifting of the labor contract and compensation for terminating labor contracts, and other aspects of the controversial labor dispute has become the focus of dispute, to bring a tremendous legal risk. China's "Labor Law" on the termination of a contract provides for nine provisions, the legislative history of limitations and legislative skills gaps, as well as the development and the deepening of reform which new situations and new problems in need of legislative norms for various reasons, made for terminating labor contracts, particularly unilaterally terminating labor contracts and compensation for terminating labor contracts in practice and there are several issues that are hard to solve these problems very well worth exploring. From terminating labor contracts theoretical analysis framework, this master labor law to buy the rights protection, limited autonomy perspective, straighten out the labor contracts and civil contracts in the idea of the difference on the lifting of labor contracts in substantive law, there are a number of difficult briefly discussed, and on this basis, in combination with the needs of practice, a number of legislative and judicial remedies.