The Study On Function Of The Supervision About The Employer Terminate In The Labor Contract

With the development of China’s economy, all kinds of enterprises emerge at the historic moment, and there is a boom in the market economy. But at the same time, the events that employers sever labor relations illegally and unilaterally are widespread in our society, and similar cases emerge in an endless stream. Workers complain about the events, as the vulnerable groups in the labour relationship, their basic rights can’t be protected. The events lead to mass disturbances and have a harmful effect on social stability. So, solving labour disputes peacefully and constructively become an important issue in building a harmonious society. When employers sever labor relations, the labor union should play an important role in supervising and regulating the behavior of employers, and protect the lawful rights of the rkers. On October27,2001,Chinaw promulgated the Union Law of the People’s Republic of China". The legal provisions said that the labor union is the working class’s mass organization which is combined of workers’free will. According to the "Labor contract law", when employers want to sever labor relations unilaterally, they should give a prior notice to the labor union and explain the reason. When employers breach of laws, administrative rulesand regulations or the labour contract, the labor union has the right to require the employers to correct their mistakes. The laws of our country have give the supervisory power to the labor union, but the provisions are vague, general and lack of availability. In reality, the labor union doesn’t have a perfect organizational system, and doesn’t have a positive activity. Their rights mostly are helpful, leadership or claim,and the legal effect is unknown. This article mainly from the union. when unit of choose and employ persons remo ve labor contract the content of the supervision function characteristics, based on the analysis of the case to find the reason, thus put forward the perfect union supervision function when u nit of choose and employ persons remove labor contract.