On The Respective Rights To Choice Of The Parties To A Employment Contract

The civil law reflects autonomy of will. The contract freedom reflect parties could consult freely and equality. Equality is t also used in the special realm-employment contract. Because of the special characteristic of personality, during the course of performance the employment contract, the equal parties have to become unequal, which is the subject and object of the management. The goal of the law is to balance the parties’interests, which can help the society go into the harmonious state. So in the special contract, the employment contract law, as the important law, to give some special rights to both of the employer and the employee to balance the parties’interests. During the fulfillment of the employment contract, according to the law or the arrangement of the parties, one of the parties has the right to decide the employment contract going into being, transferring and suspending by one’s intention. Those unilateral decision rights include employee’s unilateral decision right of suspending the labor contract, refuse to do some dangerous works, leave the workplace and the employer’s unilateral decision right of making the work rules, work indication to the employee, punishment of their member and right of suspending the employment contract. These rights’common characteristic is the party can decide the duty and right only by one’s intention. This essay calls it as the right to unilateral decision. The law is ought to, but the realty is on fact. They are different, and can not be equal. This essay is going to discuss those unilateral decision rights’existing foundation of economy、theory and practice, also including each right’s characteristic and expression methods, which is showed dialectical unity of the autonomy of will in the employment law and the protection of the weak. Then this essay is going to combine the employer and the employee’s interests, which is the final goal to write this essay. In the end, this essay will provide some useful measures to both of the parties of the employer and the employee to protect their lawful rights and interests by the comparison method and the deeply study of this party.