Analysis Of Workers To Resign Right

Right to work is one of the fundamental rights of citizens, labor rights include the right career choice, while the, resignation of the right is the right derived from the right career choice in a market economy under the conditions of workers as the owner of the labor force have the right to enterprises to allow their degree of their own labor naturally have the right to recover their rights, thus creating the right to resign. The right to resign in a certain sense, can be said that realizing the right to a career front-sexual rights or the protection of sexual rights, there is no right to resign there would be no full sense of the right career. This theme of keeping up the trend of China's economic reform, a thorough examination of labor law scholars on the resignation of the right to study a range of issues, in the "Labor Contract Law" promulgated in the context of the right to resign from the study of the basic connotation of starting to seriously analyze the right to resign the source of their rights, legal status, as well as the resignation of the right to exercise the right to have a major practical significance for the resignation of the right of labor relations should be based on the personal attributes and the protection of fundamental rights, this would be the resignation of the right to produce the basis for its exercise of the different ways but will shall be divided into different application within the scope of the resignation of the right to the right of different types of resignation. And the exercise of its inherent connection methods are examined separately to explore different types of resignation of the right to put forward different theoretical models, using different rules. By analyzing the liquidated damages, damages, and economic compensation payments to apply some specific questions and issues relevant to these views or solutions.This first chapter mainly from the resignation of the right to summarize the content of what is the right to resign, described the basic characteristics of the right to resign, sources. Aim to address the resignation of the right to basic workers rights, protection of the right to resign the one hand, in order to adapt to the market economy, and the other baking you can better protect the legitimate rights and interests of workers and coordinate labor relations.This second chapter outlines the jurisprudence from the right to exist for the resignation of controversial theories in support of the resignation of the right of scholars believe that the need for the resignation of the right and there, opponents argue that the right to resign first, inconsistent with the theory of contract law, the second is over-protected worker's rights is unfair. The right to resign from the rights-based, rights, realization of the right to clear the legal status of the resignation. This third chapter, Chapter four describes the right of workers to resign resignation procedures, and the resignation of a number of problems encountered in the process, "clear thethree goldenrelationship", put forward a solution to resign in the process of program that will guide the right of resignation exercise.Chapter five analyzes the article "Labor Contract Law" and the exercise of the deficiencies in some of the problems pointed out the resignation of the right type of contract should be based on the different nature of the different provisions of the contract notice period, this paper proposes a workable legislative proposals.