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The Study Of The System On The Single Termination Of The Labor Contract

Posted on:2013-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:S J DaiFull Text:PDF
GTID:2246330371470779Subject:Law
Abstract/Summary:PDF Full Text Request
Labor contracts is the agreement to clear the rights and obligations between employees and employers, the employer and the employee sign the contract according to labor law and other related laws and regulations, with the principle of legitimacy, fairness, equality, consensus and the principle of good faith, the signing and the termination of the employment contract is the key to the free movement of labor,while the termination of the employment contract is the core to withdrawal the labor relations, the<Labor Law> has9provisions about the termination of employment contract, and they play a vital role in both quantity and quality in the whole of the Labor Code provisions, the<Labor Contract Law> from article36to article50set the finish and the termination of the employment contract,and it is more than detailed and workable, while in the termination of the labor contract system, the system of the single termination of the labor contract on workers is top priority, it relates to the harmonious and stable labor relations, and it is also related to social harmony and stability, therefore, both academics and practitioners explore and study the system as the Emphasis, While this system is very much disputed. This article selects one hand to view on the problems in the system to make a deeper awareness through the way of literature research, comparative analysis and other research ways.This article includes four parts, The first part is an overview of workers unilaterally terminate labor contracts firstly introduce the Concepts and Categories, Through detailed analysis of the introduction, we have a theoretical understanding of the system, secondly introduce the Specific provisions of our country, then introduce the Notice to terminate the labor contract system of workers and the immediately termination of the labor contract system of workers, we have a clear understanding of the specific provisions of this system in our country. The second part is the overview on Other countries working unilaterally terminate the labor contract system, in this part it is Easy to learn for our country,But I do not introduce all the detail on the labor system.I just select the one on the worker unilaterally terminate the labor contract system as the main target to introduce. The third part is the problems on working unilaterally terminate the labor contract system, in this part, I put forward unilaterally terminate the labor contract system workers problems through a detailed analysis of our legislation, and they mainly include the problem of the notice period is too isolated, the problem of the Harming the interests of the employer unfair, the problem of the legal situation is not comprehensive on the Immediately terminate the labor contract for workers, the problem of the unreasonable conditions on Immediately terminate the labor contract for workers, the problem of the lack of real operational on Immediately terminate the labor contract system for workers, these problems raised in the third part have deepened the understanding of the provisions of our existing. The fourth part is the perfect on the worker unilaterally terminate the labor contract system, in this part, this article Propose the perfect proposals on the worker unilaterally terminate the labor contract system through the Reference of the advanced legislation Abroad and the combining with China’s specific conditions.these proposals is my innovation and they are the essence of this article, However, it still has the inevitable shortcomings due to the limited capacity of the author and the lack of the theoretical knowledge foundation, Hope that these recommendations can be helpful to perfect the worker unilaterally terminate the labor contract system.
Keywords/Search Tags:Laborer, Labor Contracts, Unilateral Lift Notice, Immediate Liftingof Unilateral
PDF Full Text Request
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