Construction Of A Labor Contract Unilaterally Terminate The Legal System

The unilateral termination of labor contract is a major issue in labor law, which is followed the law-making body, employers and employees with great interest. The Labor law of PRC about this issue has many shortcomings, for example, it is too general to put into practice, fails to grant equivalent rights to two sides, and fails to balance the benefits of the workers and the employers respectively. Those shortcomings are disadvantageous to its implementation so that it is easy to bring about some bad consequences. Therefore, it is necessary to correctly construct it, to clarify the direction of perfect ness of legislation and to seek the judicial remedies.The right to unilaterally terminate labor contract is a legal right that each party can decide to terminate the labor contract without the counterparty's agreement It is a right in forms. The author thought that we must have a deepening understanding about the value of the right before we can perfect the legal system of unilateral termination of labor contract The labor contract is a unusual contract, because of the body attribute and property attribute and the inequity attribute of labor relationship in essence. Since the labor contract is a mode to adjust the labor relationship individually, the legal system of the unilateral termination of labor contract must be aimed at balancing the benefit between the two sides, maintaining the stability of the labor relationship, promoting workers' reasonable transfer and guaranteeing the labor's freedom of selling their work, in view of which, the labor law has given a particular protection when the labor law is coordinating the employers and employees' benefitThe author discussed the immediate termination and the termination with an advance notice, which belong to the unilateral termination of labor contract, and then studied the issue with the comparative jurisprudence view. The immediate termination mainly regulates the unilateral terminating labor contract when the labor is testified disqualify in probationary period and the party breaks a contract seriously. The termination with an advance notice means that the employer or the employee terminates the contract by informing the opposite party in advance during the time of performance, after a certain period, which is a...