The Labor Contract Unilaterally Terminate The System

The unilateral revocation system of labor contract is an important part of Labor Contract Law. It bases on the principles of the reasonable allocation of the labor force, the optimum combination and freedom of contracts. Labor contract is not complete contract after all. Actually, the status of the two parties of a labor contract, employing unit and laborer, is unequal. Laborers are in inferior positions whether in economy or information. The phenomenon of strong capital and weak laborer is a natural situation, which always comes along with the relationship of employment. The labor legislations of most western countries are all partial to laborers to protect their legal rights, especially in the unilateral revocation system of labor contracts.Labor Law of People's Republic of China was enacted in the early age of the establishment of market economy in our country. The act is too simple to be practiced on some aspects because of our lack of knowledge on the unilateral revocation system of labor contracts. And the relative researches of this system were not enough, the articles also had certain contradictions and blank places. The whole society began to pay much attention to the legislation of labor when the Labor Contract Law of People's Republic of China was enacted in 2007. Although this new act has modified a few of obvious flaws in labor law, it also has left some sorrows at the same time.This article is separated into four parts to introduce the unilateral revocation system of labor contracts. And it concludes the contents as follow: the conception of unilateral, revocation the significance of this system, the legislation of this system in China, the legislation in other countries, how to perfect it, and so forth.This article divides the revocation of labor contracts into two kinds according as whether there is a mistake, and expounds them separately. By comparing domestic and foreign legislation on the unilateral revocation of labor contracts and analyzing some cases, this article summarizes the advancements and flaws in our labor legislation and makes proposals accordingly.