An Empirical Study On The Legal Risk Of Enterprise Employment

With the enhancement of the citizen’s legal consciousness and the improvement of the protection of the employees, people tend to go to law when they feel unfair or cheated in the work."China Labor Contract Law" has been implemented from January1,2008, which implies the legalization of the labor contract institution of China. The quantity of the labor arbitrations has doubled since2008. Owing to the low-cost labor rights litigation system, considerable labors go to law whether they have sufficient arguments. The people attempt to realize their personal purposes in this way. But for the employers, no matter who laugh last, many precious resources will be consumed. And what’s more, the argues form negative efforts of the companies in the society.In the labor contract system, about one-third of the contents are related to the issue of termination of the labor contract. Meanwhile, in the concrete practice of the enterprise employment, most labor disputes are concentrated in the issue of the termination of the labor contract. Hence, this thesis analyzes the legal risks the enterprises may face with in the process of terminating of the labor contract. What’s more, the article gives some practical suggestions to avoid or decrease the legal risks effectively. At the beginning, the paper introduces the definition of the termination of the labor contract. As an important part of the society, the enterprises should undertake some social duties and responsibilities while in the pursuit of profits. In this chapter, there includes the duties without taking which companies may face risks.In order to analyze the topic more effectively, the termination of the labor contract is divided into seven types which contains "the employee and the employer have mutually agreed thereon through negotiation","the employee has notified the employer thereof in writing30days in advance","the employee has notified the employer thereof timely","the employer has notified the employee thereof in writing30days in advance","the employer has notified the employee thereof timely","expiration of the contract","the perish of the legal person or the nature person". The thesis analyzes and illustrates the typical legal risks in each kind of the termination of the labor contract. And what’s more, some measures follow which may avoid or decrease the hazards effectively.In the illustration of the termination of the contracts, some convincing cases are used to fully prove the importance of the consciousness of legality for the enterprises. And these vivid cases and delicate comments may help the related professional staff to gain the useful experience.