The Research On Unilateral Rescission Of Labor Contract Legal System Of China

Unilateral rescission of the labor contract system is one of the core contents of the labor contract system. Employers or employees, who have the right of unilateral rescission of labor contract, can terminate the contract unilaterally in the duration of the labor contract, so that the labor law relations will no longer exist in the future. Unilateral rescission of the labor contract system enables employers and employees to terminate the contract autonomously, so that employers and employees are not being detained by labor relationship that has been established. They can have more options base on actual situation and their needs, which ensure employees’ working right and employers’ autonomy in management. Unilateral rescission of labor contracts help to optimize the allocation of labor resources, the establishment and harmonization of labor relations, the protection and promotion play a significant role in the development of a market economy. But if unilateral rescission of the labor contract system was inappropriate used by employees or employers, the employer may result in abnormal production and business activities affected by the adverse consequences or threats to subsistence of employees, even more seriously, can affect the social and economic stability. Therefore, on one hand, the parties should be given the unilateral right to terminate the contract. On the other hand should establish appropriate mechanisms for necessary guidance and criterion on execution of unilateral rescission of labor contract.This research focuses on five parts to complete the study of unilateral rescission of labor contract legal system. The first part is an introduction which describes the research background, current situation and the main research content and research methods. The second part is an introduction of the basic theory of unilateral rescission of labor contract system, which focuses on the value proposition of unilateral rescission of labor contract system: freedom, justice, order and efficiency. The third part is an investigation of foreign unilateral rescission of labor contract system. Through the introduction of the UK, France, Japan and other countries typically related systems, try to use comparative analysis method to find better ways to perfect unilateral rescission of labor contract legal system of China. The fourth part is a review of unilateral rescission of labor contract legal system of China, which focuses on introduction of current overall situation, trends of legislation over last two decades and deficiency of current unilateral rescission of labor contract legal system. The fifth part describes the ways to improve unilateral rescission of labor contract legal system. On the basis of clear clarification of the basic theory and analysis of the current situation, learn from foreign rich theoretical and practical experience, we should make improvements as below: Put proper limitation on employees’right of unilateral rescission of labor contract. Application differentiation base on different categories of labor contracts and different situations employees are in. Perfection of law and the refinement of criterions are needed. Reconstruction of labor dispute settlement mechanism is needed. Improve the external environment for employees’right of unilateral rescission of labor contract.