Terminating The Labor Contract

Since the reform and opening up, China's economy has developed rapidly.,and all aspects of the society have undergone great changes. With the setting up of the socialist market economic system , enterprise system has also been emancipated from the planned economic system, participating in the competition as an independent legal entity. In the modern enterprise system, labor relations are important aspects . It can even affect the healthy development of enterprises. he labor contract is he most effective legal form to determine the rights and obligations of the workers and employers, it also plays an important role in legalizing the labor relations. The lifting of the labor contract is an critical aspect in the system of the labor contract. It is directly related to the practical benefits between the the employing units and workers, therefore, it is vulnerable to lead to disputes. Especially since the global economic crisis last year, the enterprises became hard to manage and began to reduce the laborers.Even the phenomenon of economic retrenchment appeared. In the process of terminating the labor contract, the contradictions between the employers and workers are fully inspired. Therefore, this article makes an analysis in the aspects of the connotation, classification, type of terminating labor contract and the compennsation after the terminating.It also gives some practical advices to us. The full text contains four aspects.Chapter I,the general description of terminating the labor contract mainy gives an analysis in aspects of the meaning of the labor contract, the meaning of terminating the labor contract, the types of terminating the labor contract and the legal consequences of terminating the labor contract.In Chapter II, according to the different types of teminating the labor contract, the termination is divided into terminating through consultation and unilateral termination. Because the desputes is less in the terminating through consultation,this chapter mainy analyses two types of unilateral termination-- unilateral termination by the laborer and unilateral termination by employers,giving an analysis in light of practice and some good advices.In Chapter III, the ecomomic compensantion after the termination.After the termination ,how to protect the labor and company's protention ,economic compensation is a good idea .Giving an analysis of the ecomomic compensantion.