On The Study Of The System Of Worker’s Advance Notification To Cancel Labor Contract

The system of the employee advance notice the resignation to the employer is an important system of Labor Law. However, the controversy has never been stopped between the theory and practice since the Article31of Labor Law issued. The Labor Contract Law follows the provision of the Labor Law to give employee the right to advance terminate the labor contract, and the right of the employer to dismiss was limited strongly. The Labor Contract Law expand the right for the employee to vote with their feet. The academia is aimed at the system existence dispute includes workers advance to terminate the labor contract will default, would constitute an infringement, the provisions of the labor contract law are overcorrect. The research of the system is helpful to solve the problems had mentioned. The perfect system in conducive to promote stability and harmony of the labor market, and balance the legitimate interests of the labor contract parties. In this paper, the author will analysis the basic theory and legislative status quo of the system, pointing out its shortcomings, drawing on the successful experience of the extra-territorial labor legislation to make some suggestions to improve the system.The structure of this paper is as follows:In the preamble, the system introduced by a special case, and in the first part, the concept and the legal nature of the system will be described, include the value its existence. In the second part, the author introduced the system of the extraterritorial major countries and regions such as Japan, Germany, France as well as Taiwan. The application of the system of these countries limited to non-fixed term labor contract, and they set different notice period based many factors. For example, the term of the contract, the job category and different workers. In the third part, the author mainly expounds the legislative overview of the system and its shortcomings, and the specific provisions of the Labor Law and the Labor Contract Law as well as some local legislation on the system. The next, the author pointed out some shortcomings of the system, including the broad scope of application, the notice term unified regulations for30days, the lack of regulations for some workers. The fourth part is the focus of the paper. In this part, according to the shortcomings of the system, the author offered a few proposals to improve it. The system should be applicable sole to non-fixed term contract, and the Labor Law should provide different period of advance notifications. Our Labor Law should also give this right to the employer.