On The Labor Contract Unilaterally Terminate

《Labr law》regulates that both the worker and employer can ex part annulment of a labor contract legally.But in practie,due to different under standing of law Jay side emphassice on policy and the delay of labor legislation,it happens frequently that some workers or employers abuse their right to cancel a contract ,which not only damages the sovereigntly of the labor contract and the interest of parties to the contract, but also produces some unstable elements. Therefore, it has become more and more urgent to train both workers and employers to adopt a better under standing.Although the labor contract is different from business contract or common civil agreement , it shares some characters with them. The most obvious difference between them is that labor contract has the personal property, i.e : being a citizen ,according to the constitution , a worker has the right to enjoy equality of job bunting ,taking holiday and social security.(1) Matters of workers right of regsignation.According to Artice Thirty-one of《labor law》: "If a worker want to cancel a labor contract , he has to notify the employer in written form thirty days in advance ." This is the basic regulation of canceling a labor contract. Form the point of view of legislation ,the purpose to bestow the workers this kind of right is probably to protect them in view of their weak status in the labor contractual relations ,to maintain their decision-making power.(11)Legal restraint on employers in ex part annulment of a labor contract《Labor law》has given the ex parte annulment right to enterprise ,which is much smaller than that given to the worker ,it regulates the conditions strictly on the cancel of labor contract between employer and employee in legislation ,to protect employer right and interest of labor ,as employer takes the dominant status in the labor contractual relations. However in practice ,a number of employers act illegally when they cancel labor contract with employees, they does not exercise the regulations of law but carry out at will.Of course ,there are many other cases that one party ex parte annulment of a labor contract. So I sincerely hope that relating sections of state government could pay enough attention to the legislative work of labor law in order to develop.