On The Labor Contract Termination System

Labor contract suspension refers to the situation in which the labor contract temporarily can't implement because of legal origin or a stipulation made by both parties while the labor relation still continues to maintain. It is a familiar phenomenon in the implement of labor contract, so the establishment of the labor contract abeyance system has it' s significance meaning for the protection of worker' s rights, the respect of both parties' as well as the stability of the social order. The object of study of this essay is labor contract suspension. The essay includes four chapters. The first chapter which explains the necessity of establishing labor contract suspension from the concept of suppression, the characteristics of the labor contract and concept of labor contract suspension introduce the conception of labor contract suspension. The second one introduces the stipulation both at home and abroad, analyzes them and summarizes the differences of judicial practice between them. It provides theoretical basis and practical experience for perfecting labor contract suspension. And because of lacking the stipulation in Law of Labor Contract, it is important to perfect the theoretical construction. The third chapter and the fourth one have practical significance. On the one hand they fill the gap which has hitherto exists in the regulations of labor contract suspension, on the other they provide basis of resolving plenty of labor contract issues. They give detailed which are about the reasons of labor contract suspension, including force majeure, legal reasons and agreed reasons. They also analyze the rights and obligations of the two parties the legal consequences and measures in every situation.