Study On The Release Of Labor Contract And The Issue Of Departure Compensation

The labor contract is an important part of the labor contract legal system, but also the frequent occurrence of the phenomenon of social life. Actually a large number of cases release has a relationship with the labor contract. Its directly related to the effectiveness of the labor contract, the pros and cons and the right to the protection of the interests of the parties to the contract, is likely to cause controversy. One of the most common situations in the cases involving labor contract, the laborers require the employer to benefit economic compensation. Economic compensation is a characteristic of the system, on the one hand as a labor relations after the dissolution or termination of the accompanying protection of workers’ rights one of the mechanisms of labor in the legal system, played an active role in protecting the legitimate rights and interests of workers. Labor legislation of the legislative history of limitations and the lack of legislative technique level, and the development and reform of the deepening of the new situation and new problems, pending approval by law norms for various reasons, as opposed to some developed countries, China’s laws in the labor contract and economic compensation provisions are too principled and general, so there are a number of difficult problems in the practical operation terminate the labor contract, these problems are very worth exploring. Article will focus on the labor contracts of some of the market economy countries lift economic compensation legislation compared to China, including the developed market economy countries and the development of market economy countries. Analyzed and discussed how to improve China’s labor contract and economic compensation for the legal system, so as to promote a harmonious and stable labor relations, safeguard the legitimate rights and interests of both labor relations.