The Laborers' Right To Resign

In the current rapid development of marketing economy, the harmony and stability oflabor market has great influence on the development of China’s economy. At present theoverall situation of labor market in our country is still labor supply, in labor relations thelaborer compared with the employing unit who is still relatively weak. In order to protectthe lawful rights and interests of the laborer better and balance the status between thelaborer and the employing unit, the Labor Contract Law in our country is based on the tiltprotection theory given the laborer the right to resign. The purpose of giving the laborerthe right to resign is to establish Harmonious and stable employment relationships. Theright to resign of the laborer is lawful right and they can use this right to dissolve a laborcontract without the agreement of the employing units. Giving the laborer every right toresign is not only to ensure the two sides’ essential equality, but also to guarantee thefreedom of the laborer to choose their jobs. It is good for the labor market to optimize theallocation of resources. The laws about the laborer’s right to resign in our country havepassed through a historical evolution. Until2008the Labor Contract Law legislated, thelaborer truly has the every right to resign.In the current law of relevant of our country, the laborer’s right to resign can bedivided into premonitory resignation right and instant resignation right. The procedureand the applicable scope of these two different resignation right is also different. It can befound that the legislation about the resignation right in our country is not exhaustive andinappropriate when research the relevant laws of laborer’s right to resign in the foreigncountries and Taiwan area in China and compared with the relevant provisions in ourcountry. It’s necessary to absorb the related provisions of the legislation in foreigncountries and Taiwan area. There are some problems of the resignation right in ourcountry, including the related problems in legislation and the problems of exercise theresignation right in practice. The related problems in the legislation is mainly about thatthe content of the resignation right is not exhaustive and lack of differentiate, etc. whenthe laborer exercise the right to resign, there is a main problem which is that the laborer abuse the resignation right, especially those laborers who compared with the employingunit is not obvious in a vulnerable position. In order to make up the defects of the currentlegislative regulations and solve the problems of exercising the resignation right, it isnecessary to improve the related provisions of legislation which is about the laborer’sright to resign in our country at present. In improving legislation, it is needed to abide bythe principle of good faith, the fairness and justice and banned the abuses of right. At thesame time, the tilt protection theory needs to be scoped again and make a correction. It isneeded to pay attention to the different levels of laborer should be protected differently.When the legislation of the laborer’s right to resign is improved, it can truly achieve theaim of legislation which is to build a harmonious and stable employment relationship.