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The Study In Law On The Termination Of Labor Contract By Employer Or Employee

Posted on:2008-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q TianFull Text:PDF
GTID:2166360215465053Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Labor contract is an agreement to establish labor relations and fix the rights and obligations between employer and employee, which also is the legal instrument to realize the labor rights. The termination of labor contract means that terminating a labor contract in advance by employer or employee because of a certain reason. A basic mission of labor contract law is supporting the stability of labor relation, promoting reasonable fluxion of labor force and optimizing the reasonable arrangement of labor resources. But the legislation regarding to labor contract in our country is somewhat low currently; the particular rules are too brief and lack of the operability ,which can't nicely keep the balance between employer and employee' benefits. So a unify labor contract act becomes very urgent. Recently the draft of labor contract act has been discussed and announced by the 19th meeting of Committee of the National People's Congress, and now it is in the phase of asking for extensive suggestions and making further modification. The condition and procedure of termination and the economic compensation system are the focus of discussion. In order to strengthen the research about labor contract, it is important and valuable to learn the experience from other nations and regions. This article is divided into four parts, in which the author mainly uses the comparison method and carries on substantial evidence to analyze towards labor contract. The first part is the general situation of law in the termination of labor contract by employer or employee in our country, including categories, the difference between dismissal and resignation etc. The second part is the investigation and comparison of foreign counties in terminating condition, procedure, legal obligation and standard of economic compensation. The third part analyzes the drawback of legal rules in our country. The Forth part gives the legislative suggestions. Comparing to the exiting literature, this article carries on review and comparison from the termination of labor contract by employer or employee by main part and analyzes the problems and reasons in the termination of labor contract by employer or employee .Moreover, the author gives perfect legislative suggestions.
Keywords/Search Tags:Labor contract, Termination by employer or employee, Redundancy, Legislative suggestion
PDF Full Text Request
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