Comparative Study Of Labour Contract Unilateral Termination System

The work contract folk remedy relieves is a very important link in contract law system, also is a major issue in labor law, directly involves the work contract the potency, the contract litigant's benefit success and failure and the right protection. Consummates the power system of work contract folk remedy to relieve can not only to be helpful to the realization essence justice, protects worker's choosing profession freedom, the promotion labor force resources reasonable disposition, but also can balance works the contract both sides litigants benefit, is helpful effectively fulfills to the work contract, the safeguard work relations harmony is stable.China's legislature in the exercise of the right to terminate a unilateral conditions, whether employers or workers whose labor contracts unilaterally, also both notice terminating labor contracts or immediately terminating labor contracts, in the Legislative technically, We should learn from foreign experience and integrating with listed and summarized in two ways instead of the current legislation to take the simple approach to the list. Simply because the broad-list or have their limitations, only use one of these unable to adapt to the complex realities of social life. As for how to determine whether a unilateral lifting of the labor contract conditions, can learn from Germany, Switzerland, Japan and other Western countries, authorized labor dispute arbitration committee of the arbitrators and judges to be judged under the law, legislative and judicial consideration of combining considerationsOur country take a fixed deadline specially in the short-term contract primarily, the not fixed deadline contract creates the mobility of labor as the auxiliary legislation pattern to be higher, to the labor force plundering use, simultaneously has also created contract short-term being in vogue. The author believed that, for the stable work relations, we have the essential model west developed country's experience, expanding the applicable scope of not fixed deadline work contract .We have to design different relieving system: the fixed deadline contract to be carried on the essential strictly; Suitably relaxes the condition to the not fixed deadline contract which is to be relieved, allows the employer in to terminate the work contract with suitable reasons, right procedure and the economy compensate to the worker.Workers giving advance notice to terminate the work contract is the question to be disputed in a big way. The author believes it is necessary to be clear about the worker to be allowed to terminate the work contract under normal condition, terminate the work contract in some situation to be restricted in the legal laws and regulations. Giving advance notice to quit should be specially treated according to the worker's post and salary. This also conforms to the right and the duty coordinated principle of legality.