Number Of Legal Issues On A Labor Contract Unilaterally Terminate The Study

Under the market economical condition, the enterprise with independent management which transforms from government's accessory, has assumed responsibility for own profits and losses, the self- development, the self- restraint commodity producer and the operator. Along with the economic system reform development and the modern enterprise system establishment, the enterprise will become the important part of self restraint and competition. The enterprise working relationship will also move from administrative way towards the legal system. The enterprise has right to fluctuate the worker according to management needs; the worker has the right to choose by their own hobby, interests and skills. Worker and servant unit work relations establishment and bilateral all must determine and standard in labor process right and voluntary establishment through work contract this legitimate effective form. The work contract for the work system reform, the stable work relations, caused the work relations to move towards the legal system plays the vital role. In the practice, the work contract relieves is works in the contract law system one important link, also is in the labor law one vital question, directly involves the work contract the potency, the contract litigant's benefit success and failure and the right protection, is easy to cause the dispute. Especially works the contract folk remedy relieves is gathers the identical side litigant exercises relieves the power the will behavior, certainly take the opposite party will as the shift, the folk remedy relieves is improper, can harm opposite party benefit, destruction contract potency and dignity. Our country " labor law " relieved about the work contract stipulates 9 articles, 8 articles were relieve the question about the folk remedy, fully saw the work legislation the value degree which relieved to the work contract folk remedy. Torescinda laborcontract unilaterally is relevant to the binding force of the contract, the parties' anticipation under the contract, and the loss of interests,which draws the close attention of the parties, and the agencies making laborlaw or enforcing the laborlaw. The Chinese Labor Law makes different...