Study On Legislation Of Laborer Discharging Labor Contracts

Relieves the power as the worker contract the legislation research, we embark from this right itself attribute, the union theoretically dispute, formed has relieved the power to the worker contract the understanding. In the understanding foundation, through to the domestic legislation evaluation and to the overseas legislation comparison and the model, formed the author to relieve the power legislation about the worker contract the value orientation as well as the legislation concrete proposal.This article altogether has four chapters. First chapter first relieves the power from the worker contract the limits to begin, from its meaning, the characteristic, the nature three aspects has separately drawn the conclusion. Theoretically mainly has two kind of theories about this right dispute, one kind is the benefit said unbalancedly. Another kind is the inclined protection said. The argument focal point mainly concentrates in following three aspects: The worker gave advance notice relieves the power whether should have the entity condition limit? The worker exercises the advance notification to relieve the power whether should undertake the legal consequence? In the work contract agrees"the forfeit provision"whether effective? This chapter finally formed us to relieve the power to the worker contract the understanding.Second chapter enters our country worker contract to relieve the power the legislation research. First distinguished to look at our country labor legislation generally and "the Work Law of contract (Draft)" relieves the power about the worker contract the correlation stipulation. Then has made the evaluation to respective stipulation. The worker gave advance notice relieves the power in the legislation evaluation, definitely the worker gave advance notice relieves significance which the power sets up, simultaneously the original Ministry of Labor's stipulation causes to the law the understanding and is suitable not unified, causes the worker to give advance notice relieves the power to be unable to carry out. The worker relieves the power immediately in the legislation evaluation, definitely the legislation has entrusted with the worker to relieve the power immediately, but the worker enjoys relieves the power the scope quite to be also narrow immediately, terminates a contract after rights and interests safeguard to stipulate immediately insufficiently concrete and is clear about.The third chapter discussion is the overseas worker contract relieves the power legislation. Regarding the worker gave advance notice relieves the power, the overseas very many countries will work the contract deadline to divide into regular and non-periodical, stipulated the regular work contract will not be suitable the advance notification to relieve the power, gave advance notice will relieve the power to be only suitable for the non-periodical work contract. Relieves the power immediately regarding the worker, overseas the situation which terminates a contract immediately to the worker stipulated is concrete, is comprehensive, involves to in the probation period, the employer breaks a contract the behavior and the abuse of authority, the employee receives the harm or the dangerous possibility, as well as the employee has the warrant and so on to be various.Fourth chapter is consummates our country worker contract to relieve the power legislation the suggestion. The author put forward three proposals: The advance notification relieves the power to be supposed the treatment which and enjoys according to the worker post to be different, is clear about the condition which exercises respectively; Must act according to worker's post and the operating time determination advance notification time; Is clear about the legitimate advance notification to relieve the legal consequence which relieves with the illegal advance notification. Regarding consummated the worker to relieve the power immediately the legislation, the author put forward two proposals: Should increase the worker to enjoy relieves the power immediately the situation; Stipulated explicitly the legal liability which the employer has the mistake to send the worker relieves when should undertake.This research contribution may induce is two. First, expanded the worker contract to relieve the power research the scope. Not only this article to "Labor law", the Ministry of Labor was connected the stipulation as well as the place labor legislation has conducted the research, meanwhile to current argument intense "Work Law of contract (Draft)" the correlation stipulation has conducted the research. Second, this article research worked the contract legislation for at present to provide the reference. Current just when "the Work Law of contract (Draft)" appears, to entire social questionnaire opinion, therefore this article research also works for our country the contract legislation to make the meager contribution.