A Study On The System Of Employee 's Resignation

Under the condition of market economy,party is modernization of companies and enterprises,with strong economic strength, a favorable position in the market. Party workers, to disperse the individual, in market activities most easily infringed. In order to protect the workers,the labor law to assume responsibility for it and by social forces to compensate for its weak economic disadvantage, this protection, both to embodied in the labor relation establishment, but also reflected in the improvement of the social security system. In 2008, the Labor Contract Law in our country is based on the tilt protection theory given the laborer the right to resign, is undoubtedly of free laborers employment rights protection, but with the development of the market economy workers in labor relations are not in a weak position, such as a number of senior technical personnel and professional and technical personnel, because a lot of these "professionals" option,resulting in arbitrary resignation are common occurrences. In February 2012, ZheJiang Airlines 15 pilots collective resignation triggered a heated debate, and the employing unit afraid graduate optional job hopping brings insecurity makes some with employer refuses to employ graduates and other phenomena occur from time to time. So it is necessary to carry out a new analysis and demonstration of the right to resign in order to maintain the stability of labor market and the healthy development of economy.According to the relevant provisions of the Labor Law and The labor contract law,the Chinese workers enjoy the right to resignation has two kinds of situations, predicted that resignation right and immediate resignation right and different right to resign the scope and exercise program is also different. Through investigation and relevant laws and regulations of foreign countries about the employee’s right to resign in carries on the summary and with China’s laws currently on relevant provisions of the right of workers to resign for comparative analysis, can be found in China’s existing relevant laws have not detailed and less appropriate place, it is necessary to absorb and draw lessons from foreign legislation. However, after reading related literature found that current law reference of characteristics is more utilitarian, people always for of looking for materials,methods, which in itself is understandable, but old in this by a method, a system to solvethe problem of seeking nearly profit results tends to make people form content, lose more is system of substantive things, or even lost in the complicated social problem. Specific to the labor law, the reality is that most people are keen on legislation and ignore the application of the law, especially in the application of law to create a legal process.Because our country is currently in a fixed term labor contract as the norm, this is different from most of the western countries which are currently in non fixed term labor contract. We must according to the concrete national conditions of our country and social background, and can not directly copy the foreign relevant legislation.This article will be from the legislative and legal operation of the two aspects of the problem of the right to resign, including the relevant legislative provisions of the problem and the exercise of the right to exercise the right to resign in the practice of the problem.Related legislative provisions of the existing problems are mainly related to the resignation of workers, the relevant provisions are not detailed, Such as the illegal exercise of the right to resign the legal liability provisions are not detailed enough and the provisions of the notice period is not flexible enough. Such provisions has been unable to adapt to the labor market which should be adjusted and improved accordingly.The workers exercise problems in the practice of the right to resignation is likely to occur worker abuse of the right to resignation, especially those with employer compared not resident in abuses of obviously weak position of workers right to resign. In order to make up for the defects existing in the current legislation of our country and existing in the practice to solve workers to exercise the right to resignation problem, it is necessary to our country at present about the right of resignation of the relevant legislation to be perfect.For example,according to the difference of the degree of labor, the notice period and the notice of the illegal exercise of the right to resign the legal responsibility, etc.The relevant provisions of the right to resign from the legislation to be perfect to be able to truly achieve the purpose of establishing a harmonious and stable labor relations.