The Legislation Research Of Labor Contract Termination That The Employees Unilaterally Terminate The Labor Contract

Employment relationship is the most basic one of the social relations which hasmuch to do with the interests of all citizens, even more, with the stability and unity ofour country. As a result, it is necessary to have a strong legality and intervention inorder to protect the interests of employees more effectively, which could also considerand balance the interests of the employees at the same time. The employment contractcan not be exactly defined as a contract, and also, does not comply with the contractlaw completely. The positions of the parties of the labor contract, the employee andthe employer, exist inequality, which employees tend to be, not only economically, butalso in information technology, obviously in a weaker position. Hence, the nationallabor laws in all the country are inclined to protect the employees interests at first,then give consideration of the interests of employees in order to make a relativelyharmonious balance between employers and employees, and stable state of theemployment contracts. Employees’ dissolution of the employment contracts plays animportant role in the system of employment contracts termination. There are numbersof regulations about the Employees’ dissolution of the employment contract in LaborLaw, Employment Contract Law, Regulations for the implementation of employmentcontract law and other related laws and regulations of China. But there are still some deficiencies need to be further improved by legislators.The first chapter of this paper generalizes related theoretical basic knowledgeabout employees’ Unilateral dissolution of the employment contract, including theconcept, characteristics and classification of employees’ unilateral dissolution of theemployment contract; Chapter II provides the analysis of employees’ unilateraldissolution of the employment contract’s noticed termination and existing problems.The problems existing in the employees’ notice termination include the singleness andrigidity of the stipulation of the notice period, the overlarge scope of application andthe ambiguity of responsibility taken by employees who make the notice termination.There are numbers of problems exist in the process of dissolution of the employmentcontract, such as fallacious stipulation, ambiguity of responsibility taken by theemployers who break the contract and the deficiency of the dissolution limitationregulations. Chapter Three is about the improved suggestions for employees’unilateral dissolution of the employment contract, which include the notice periodshould be diversified; determine the relation between the term of the contract and thetermination of the contract; employees have to take the responsibility of compensationfor the losses. The improvements of employees immediate termination of theemployment contract legislation include defining the degree of judging conditions,adjusting the contradiction terms, wording rigorously; clarifying the employers’responsibility provisions and regulating reasonable limitation of dissolving.