Employer 's Immediate Release Of Labor Contract' S Legal Risks And Precautions

The employer immediately terminating labor contracts directly related to the core interests of the workers, workers may therefore unemployed and not get any compensation. In practice, because the employer immediately terminate the labor contract also many disputes, so it has been the hot topic of theoretical research and judicial practice. The implementation of “labor contract law” the strict degree of our country on the employer immediately terminate the labor brings certain difficulty. The employer in the actual application also exist many errors, such as the operation is not good, easy to be the referee authorities identified as illegal remove labor contract and bear the corresponding legal responsibility. Because of the existence of these risks, it is necessary to study it systematically. Based on the practical research, focus on in the internal regulation, how the employer through preventive measures to reduce the internal effective legal risk in this area. It has practical significance for the maintenance of both the interests of employers and worker.This paper is divided into three parts: the first part, which introduces and comments on China’ employer terminates the labor contract system provides instant. To our country about the regulations is to do a good job of the premise and foundation of comprehensive understanding of legal risk prevention of the employer. Through the change of our country in this system characteristics and laws that the employer instant dissolution of the labor contract law increased risk. Therefore, this puts forward higher requirement for the employer to do relevant legal risk prevention. The second part, mainly introduces the employer in practical application is easy to appear the legal risk. On the other hand, the employer in the use of prone to problems. This part also take the referee thought forms of analysis of cases analysis of the judicial practice experience, combined with knowledge management and puts forward four specific measures. The final is explained by the employer to take internal effective preventive measures to minimize the legal risk.