Study On Employer’s Immediate Notification To Cancel Labor Contract

Since the adoption of reform and opening-up policy, China’s originalemployment system has begun to collapse. The promulgation and implementation ofthe labor law makes China establish the legal level system of immediate dissolutionof labor contract by employers. Labor contract law makes the relevant provision in"labor law" more perfect, by making the system more detailed and reasonable.However, the status of inequality between employees and employers does not change.The execution of immediate dissolution right by employers triggers much labordispute. If the interests between laborers and employers are not balanced well, it willaffect the laborers’ existence right and the employers’ development right, thus it willmake a great impact on stabilization and harmony of labor relation. This paper willfocus on immediate dissolution of labor contract by employers; find out theunreasonable parts of the existing regulations; and put forward specific solutionssuitable for China’s national conditions, by comparing them with related laborlegislations abroad.The provisions about immediate dissolution labor contract by employers inLabor contract law are relatively perfect. However, the author finds that there are stillsome defects on the aspects of the juristic reasons, procedures, and wrongfultermination. Such as the expression of “do not conform to the employmentconditions” and “serious violations” are obscure; the legislative model of legalreasons is so single that it is difficult to meet the needs of the reality; the criminalliability of dissoluble contract ranges a lot; it is difficult for the labor union toexercise their supervision function etc. this paper analyzed the relevant foreignlegislations while analyzing the legislations in China. By doing this, it put forwardsome suggestions for China’s legislation. Such as, combining the legislation patternof summary and listing; stating the applicable standard of “do not conform to theemployment conditions” and “serious violations”; discriminating between differentcriminal responsibilities; and improving the supervision function of labor unions. The author hopes that this paper will contribute to the legislation and theoretical researchof immediate dissolution of labor contract in China.