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Research On Labor's Right To Resign System

Posted on:2011-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:X W LingFull Text:PDF
GTID:2166360305481429Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a statutory right, the right to resignation has been a magic weapon used by workers to flow freely in the labor market . It not only ensures that workers can choose job freely, expresses the protection of the law to the right to live and development of workers, but also optimizes the allocation of labor resources, improves social profit. Our country divides the right to resignation into two types, instantly and premonitorily, stipulates the procedure, condition and the jurally consequences respectively when workers using the right to resignation. After national founding, our country used planned economy for a long time, so the marketization is not enough, and the right to resignation system connects weakly with other related legal systems, it results in lots of controversies on the range of convenience and contact and the jurally consequence to use the right. The right to resignation systems of other countries and regions are good references to resolve these controversies. Because modern labor relationship present a new character that can't generalize the levels of workers and labor income of certain workers has already exceeded the meaning range of right to live, so it is need to give revise to traditional tilt protection theory. At the same time, workers may face various stunting by the employer when resigning, so it is important to define the responsibility of each side and consummate the method to save the right of the workers. Right to resignation can't only be a"right on paper".This paper has about thirty three thousand works, which can be divided to four parts, and the contents of them are as follow:Part one is the overview of the resignation right theory. It analyses the basic connotation and value significance of the right to resignation, reviews the manifestations of resignation since national founding, introduces the two types of right to resignation in detail combining with legislation, and narrates the situations and jurally consequence of resignation.Part two first classifies the right to resignation related law since national founding by studying the resignation right legislation. And then studies the legislation of Taiwan region of our country and part of industrialized countries. At last, summarizes the places which our country can reference in resignation right legislation.Part three presents the author's view about if the resignation right system which is in troubles now conflicts with the principles of contract law. At the same time, generalizes the contact types which right to resignation can be used in, the resignation notice period, the legal nature of resignation behavior according to the law, jurally consequences and the debate if the liability required by the law is reasonable when resigning illegally. At last, points out the practical dilemma faced by workers when resigning.Part four is some advice on how to perfect the resignation right system, which author think should give revise to the tilt protection theory. It is advised to divide workers by their occupational characteristics and income level, define the responsibilities of them respectively, and the resignation notice period can be adjusted correspondingly. Meanwhile, consummates the jurally consequences of resigning legally and illegally, import"Non-fundamental breach of contract"theory to instance resignation right system which improves the harmony of the labor relationship.Basing on unshakable legal status of the right to resignation and inspired by excellent legislative patterns of other country and region, author announce some advice to resolve the practical troubles of the resignation right system, and expect to be used to protect the interest of workers and improve the development of labor law.
Keywords/Search Tags:Right to Resignation, Premonitory Right to Resignation, Legal Resignation, Tilt Protection Theory
PDF Full Text Request
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