Research On The Termination Of The Employment Contract

Presently, our country has executed the employment contract system thoroughly. The law regulates that the use of the labor must specify the rights and obligations of the employer and the employee by signing the employment contract. The termination of the employment contract must be executed legally. The employer and the employee should undertake the legal consequences even after the termination of the employment contract. This article aims to thoroughly analyze and research on the termination of the employment contract which is the one of the practical problem in the legal system. The author puts forward his own opinions on the disputed problems in theory and practice.In part one, the author starts from the basic theory on the employment contract as well as the termination of the employment contract to set forth the quality and the legal character of the employment contract, the concept, the character and the classification of the termination of the employment contract. On this basis, the author compares to the relative concepts and brings out his own ideas on the deference in theory.In part two, basing on the difference of the conditions of the termination of the employment contract, the author introduces the legal conditions of the termination of the employment contract in our country mainly, together with other countries and areas. The author also states the conditions and procedure of the termination of the employment contract.Part there is on the relative legal consequence after the termination of the employment contract. In this part, the author combines with other countries' and areas' regulations to research on the problems of financial compensation, liquidated damages and compensations which are disputed in theory and practice. The author puts emphasis on the concrete problems of the financial compensation's quality, area of application and calculating matters and the liquidated damages' quality, legal arguments and legal practice and the compensation' classification and the conditions of undertaking the compensation by the employer and the employee.In part four, the author mainly introduces the existing relative legal regulations aiming at the disputed problems in theory and practice. The author also sets forth his own opinions on the insufficiencies in the present legal regulations of the period of advance notice on the termination of the employment contract by the employee one-sided, in the procedure of the termination of the employment contract resulted by the employer's negligence, in the right of unilateral termination and the period of the employment contract, in the liquidated damages of the employment contract, in the competition restriction after the termination of the employment contract and in the overseeing on the termination of the employment contract by the Trade union.In part five, aiming at the insufficiencies in the present legal regulations on the termination of the employment contract, the author sets forth his suggestion. The author points out that the law should ordain the periods of advance notice on the termination of the employment contract by the employee one-sided basing on different conditions, add the regulations of the procedure of the termination of the employment contract resulted by the employer's negligence and the application of the unilateral termination right distinct the employment contracts with different periods. The author also gives legal suggestion on how to fatherly improve the regulations on the damages of the employment contract and on the competition restriction after the termination of the employment contract. The author points out that the law should strengthen the function of the Trade union's overseeing on the termination of the employment contract.