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Investigation Into The One-side Dissolution System Of Labor Contract

Posted on:2008-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
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The one-side dissolution system of labor contract is an important part of Labor Law. It bases on the principles of the reasonable allocation of the labor force,the optimum combination and free contract, and bases on the rights of dissolution contract by employer or employee. Anyway labor contract is not a whole contract. The two-side litigants of the labor contract (ie laborer and employer) are not in the equal position, obviously the laborer has inferior strength both in economy and information technology. As a result," strong employer and weak laborer "becomes a natural state after the relationship of labor exists.In order to balance the mutual position, safeguard laborer' s lawful rights and interests, Labor Law in different countries adopts the legal model which inclines to protect laborers,imposes some restrictions on the rights of dissolution contract by employer, and in the meantime ,gives more resignation rights to laborers.Labor Law in our country was issued at the very beginning of the establishment of market economy system, it didn't realize the one-side dissolution system of labor contract quite well and it's design was a little rough.With the development of the relationship of labor and society,this kind of contract is becoming more and more disadvantageous and results in abusing the dismissing rights of the employer, wantonly infringing upon laborer's lawful rights and interests and doing great harm to the harmonious relationship of labor.So it's very urgent to consummate one-side dissolution system of labor contract.This dissertation is divided into five parts ,it tries to introduce the one-side dissolution system of labor contract's lawful meaning ,some limits and examples,the dismissing and resignation, the related situation in our country and its formation and development.In western countries, such as England,the U.S.A,France,German,Spain,there are concrete stipulations which incline to protect laborers' labor rights and existance rights and can be fulfilled in reality. The inclination, balance, consummation of the one-side dissolution system of labor contract should be considered legally. This dissertation probes into the concept of the one-side dissolution system of labor contract,conditions, proceduresand its legal results not only angling at its theory, the up-to date laws but also breaking through single method and using many cases and value analysis method to illustrate it. The author reaches the conclusion of the main problems in our country: the realization is not enough ; the one-side dissolution system of labor contract is hardly effective and operative ; it' s easy to stir up troubles ; the domain of the economic recovery is too limited and it' s not beneficial either to control the illegal actions or safeguard laborer' s lawful rights and interests.At the same time, it makes some legal suggestions: if ending the labor contract, the employer should also pay for the economic recovery and reduce the domain of the economic recovery to reach the goal,such as low standard, wide covery and strictly enforcing the law ; emphasizes the dismissing procedures ;introduces French reconciling meeting procedures ; makes clear the social plans of cutting down the staff and informing the time for finding job ; stipulates the different period for different informing time to safeguard the mutual rights and interests effectively.
Keywords/Search Tags:labor contract, one-side dissolution of labor contract, fire, resignation, inclination and balance
PDF Full Text Request
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