The Employer Unilaterally Terminate The Labor Contract System

The rescission of the labor contract unilaterally is an extremely important part in the whole system of labor law, where the rescission of the labor contract by the employer unilaterally is a point to easily raise the labor disputes. In some sense, the process and the results of the labor contract rescission by the employer unilaterally may directly influence the relation of the employee and the employer and the incidence of the labor dispute cases, and then influence the stabilization and harmony of the whole society. Therefore, it will have great significance for legislation and jurisdiction to research and perfect the regulation of the labor contract rescission by the employer unilaterally. A logical, effective, operable system of the rescission of the labor contract by the employer unilaterally will be of great advantage to protect the rights of the employee and the employer and construct the integrated system of labor laws. This paper tries to discuss about the rescission of the labor contract by the employer in order to be helpful for constructing the integrated labor system.This paper elaborates this question for discussion from five parts. The first part mainly elaborates the legal concept of the rescission of the labor contract by the employer unilaterally and the different comprehension of scholars and on this basis it elaborates the legislation of China of the labor contract rescission by the employer unilaterally and summarizes the related articles in Labor Law, Labor Contract Law and Regulations for Implementation of Labor Contract Law, and thereby classify the labor contract rescission by the employer unilaterally into three types:economic employee releasing, rescinding labor contract forthwith and rescinding labor contract with announcement in advance. At the last of this part, it analyzes the main questions existed in the present jurisdiction.The second part elaborates Economic Employee Releasing. It represents the legal concept of economic employee releasing and classify economic employee releasing into four types:releasing due to business draw back, releasing due to the deterioration of business condition, releasing due to merging and splitting, and releasing due to switching to other products and relocating. Later it analyzes the feature of economic employee releasing from three aspects:the large population of releasing, the particularity of releasing condition, and the severity of the releasing procedure. Thereafter, it introduces the application and the procedure of economic employee releasing in China at present and discuss the legislation and main questions of economic employee releasing at present through comparing with the legislation of other country.The third part and forth part separately elaborate the concept and the feature of rescinding labor contract forthwith and rescinding labor contract with announcement in advance. It discusses the legislation and main questions of the two kinds of rescinding the labor contract by the employer in China at present and explores valuable and referential provisions from the legislation of other country.The fifth part is the suggestion of perfecting the law of rescinding labor contract by the employer unilaterally. From the above analysis, it suggests we may perfect the legislation of economic employee releasing through refining the concept, defining the standard and the procedure and perfect the legislation of rescinding labor contract with announcement in advance through distinguishing the different period of announcement with regard to different employers and employees in order to design the period of announcement more human and reasonable. For rescinding labor contract forthwith, the suggestion is to define the rescinding conditions, the damage standards, unconformity to the approval standard in qualifying period, and if possible, to make the labor union take a more important role in the procedure of rescinding the labor contract and give employees more rights to learn the truth and communicate with the employer in order to reduce contradictions between the employee and the employer.From the proportion of the labor dispute cases, rescinding the labor contract improperly by the employer unilaterally take a large part. This paper discusses the three kinds of the rescission of the labor contract unilaterally by the employer through comparing with the legislation of the foreign countries in order to explore the practical and operable measures to perfect the legislation of China and reduce the labor disputes to provide a harmonious environment for employment.