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The System Of Worker’s Notification To Cancel Labor Contract

Posted on:2015-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:X T ChenFull Text:PDF
GTID:2266330428451574Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the development of market economy,raise productivity levels,China’seconomic development over the past few decades,have a rapid progress.At the sametime,national income has also been significantly improved.Labors have a strongerability to create wealth, economic-based development, making the consciousness oflabors also had changed. Past advocating "iron rice bowl" philosophy is different,labors are more valued in today’s society of their own development, more emphasison costs and benefits. Labors for decades or a lifetime in the same enterprise, Unitwork has been quite rare, hopping has become a hot topic. In the planned economyera unthinkable resignation, is now also in the already commonplace phenomenon.Resignation as a right conferred by law workers, laborers due to the resignation ofthe right to enjoy, to be able to realize freely chosen, the law gives workers the right,but also reflects the legal protection of workers. Because of the resignation of rights,workers and employers to achieve two-way choice, workers can no longer passivelydependent on the employer, the parties negotiated the negotiation process, as well asboth games, the process of fighting for their best interests. Thus, labor resources canbe optimized to achieve a reasonable configuration, thereby improving resourceutilization, improve production efficiency.Our country divides the right to resignation into two types, instantly andpremonitorily, the paper conducted a study on the right of workers to resign notice.Due to changes in the objective social situation,"labor" is no longer a single simplemanual labor, laborer notice of resignation is also facing many new, controversialissue. Some workers are no longer as it was before, and had to engage in labor tosurvive, or they have special skills, or in some areas there are extraordinaryperformance, or the ability to speak in terms of the negotiations from the perspectiveof labor income, have not these labor those with ordinary workers confused. Tiltprotection for workers in the past carried out, and now the possibility of overkillalready exists.Firstly, the basic content of the right to resign were analyzed in order to find the relevant notice of resignation rights problems in the law, and finally the existingproblems, propose solutions to the problem of vision. By comparing the laws of othercountries and regions, and analyze the reasons for the formation of the provisions, inorder to solve the difficulties faced by our workers notice of resignation. There’s areason there are fruit, if only to see the institutional provisions, why not analyzesystem formed, why there are differences between the system and the system is notreally solve the problem. Imitation on the surface, and sometimes not only can notsolve the problem, there may result in greater waste of resources.On the right of Labors to resign to be discussed in this article, the labors resignfrom one job to another work unit unit work, seemingly simple, actually contains a lotof legal issues, in practice, there have been some problems and confused: Tilt theprotection of labor legislation, whether overkill? Labors why it is difficult to resign?To solve these problems, you should resign from the basic theory of the right,combining the real Labor situation analysis, multi-directional thinking, in order toovercome difficulties. This paper first analyzes the content of the right to resign,resign right of meaning, significance, and other basic issues are discussed to clarifythe resignation of the degree of protection for labors rights, the rights of labors toresign labor law system and other systems in a system of thinking through theanalysis of other aspects of the system design, combined with comparative legislativeexperience abroad and found deficiencies in the system of the right of workers toresign, and put forward a sound opinion. In order to achieve while protecting labors’rights, and to protect the legitimate interests of the employer, to promote the buildingof a harmonious and stable labor relations.
Keywords/Search Tags:Right to Resignation, Labor, Labor Protection, Improve System
PDF Full Text Request
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