The Legal Research On Termination Of Chinese Emloyment Contract System

Labour contract is an agreement which is for set up, alter, relieve and terminate laborrelationship between employee and employer. As the Labour relationship legal formsexpression between the two parties,it is the consensus of the parties purse their respectivebenefits.In the labour contract system, the Labour contract rescind is the behaviour which ismost closely related to the two parties interest.It causes labor disputes in the specificpracticing process.Need to do the serious research. This thesis aims to have a comprehensiveanalysis and research on China’s labour contract rescind syetem,and also borrow somevaluable experiences from foreign countries.To perfect our labour contract rescindsystem,also the author offers some proposals.The whole thesis is divided into four Chapters.Chapter One: The first does some introduction of the basic theory on our country labourcontract rescind system.Then do some respective statement and comparative analysis on thelabour contract rescind concept,characteristics,the contract rescind type standard and analysesstandard.And also do some analyses and statement on the collateral obligation and legalremedies after the labour contract rescinded.Chapter two: Discuss the present situation and the existing problems of our countrylabour contract relief system.Respectively introduce the employee and the employerunilaterally rescind labour contract system present situation and also analyse their respectiveexistting problems.At last,make some statement on the nonstandard and urgently solvingproblems which is in the related labour contract relief system.And also the author putsforward the personal views.Chapter three: Introduce some world developed countries labour contract relief systemlegislation situation and beneficial experience. Combining the reality of our nationalsituation do some absorption and learning on employee advance relieve labour contract scope,should be limited to the open-ended labour contract.According to the employee differentconditions, to set different forecast period and build the perfect protection system and so on.Chapter four: In view of the related labour contract relief existing problems in our nationcurrent labour contract,the author puts forward suggestions.Respectively give some specificopinions in view of the employee and employer unilaterally rescind labour contractshortcomings.And also give some suggestions on how to strengthen the trade supervisory rolein the labour contract relief.Hope to perfect our nation labour contract relief system, tosafeguard the legal rights of the labour parties much better.