On The Improvement Of China’s Labor Contract Termination System

A labor contract is an agreement that defines the labour relations betweenworkers and employers as well as the rights and obligations of the two parties.The discharge of a labor contract, is employer or employee terminate the laborcontract within the time limit behavior. The discharge of a labor contract is oneof the core content of the labor contract system, it is the theoretical focus ofthe study as well as the judicial practice of the labor dispute-prone areas. Injudicial practice, the vast majority of labor dispute cases were associated withthe discharge of the labor contract.Implemented in January2008," LaborContract Law" established a special section for the discharging of the laborcontract make provisions, indicating China labor contract law system hasbeen initially sound."Labor Contract Law" greatly improved protection forworkers, as employers will be difficult from arbitrary dismissal of employees.Consequently, the employer for the “Labor Contract Law" has expressedfierce opposition, and there are different voices from theorists as well,"LaborContract Law" failed to balance the relationship among government,employers, and companies, ignoring the autonomy of, excessive restricting onfreedom of the employer’s operations, all of which may cause companies cannot afford the high cost of labor the collapse and thus eventually affectsemployment.In2008, the event group with employees to strike mode requiresenterprises to terminate the labor contract by the author on the labor contractof "labor contract law": whether there is excessive to the protection of workers?There is no protection blind? How to respect the employer’s right? How toimprove China’s labor contract system with the above problems, combinedwith the author’s years of labor dispute trial work experience, the author hasconducted the research to the labor contract in our country. Through the research, the author thinks, China’s "labor contract law" is a very significantinterests tilt protection law, the legal workers are adequately protected, and theinterests of the employing units is less attention, especially the lifting of thelabor contract system, the unbalance of benefit protection is more obvious.In the legislative purpose unilaterally "to safeguard the legitimate rightsand interests of workers" under the guidance of the labor contract in ourcountry, the rescinding right system formed a "tilt protection of workers"situation, the right to rescind comprehensively and no limit, employer dissolvesless right and restrictions. Objectively speaking, this relieves the powerdistribution system is the need to balance both sides "strong capital and weaklabor" pattern. But our country is in the social transition period, the rapiddevelopment of society in the introduction,"labor contract law", is still in the"demographic dividend" period in China, the harder to find a job, but now thecoastal area employers face is the "labor shortage" situation, employers whorecruit is not easy. In this case, the reasonable adjustment to deal with the rightto terminate the labor contract in our country allocation. The article thinks,should be adjusted according to the change of power between employers andemployees, the reasonable limit appropriate to relax the employer terminatethe right, relief workers, to realize the substantial justice.The lifting of the labor contract system is to promote the healthydevelopment of the employment market, to achieve the survival of the fittestand other functions, the rational allocation of labor and reasonable exercise ofthe right of cancellation is helpful to the labor force resources, and ourcountry’s labour contract rescission remedy system to protect the interests ofworkers, a serious imbalance, illegal remove labor contract, general need notassume any responsibility, but the employer once the illegal exercise of right ofrescission, should bear the legal consequences of serious. And allows the employer to exercise the right of rescission, termination of the employmentcontract system is to achieve an important part of the. Too much heavierresponsibility for illegal person unit, one-sided to protect the employment rightsof workers, play has limited the labour contract rescission system function.This paper thinks, should respect the autonomy of the employer, applicablelimits recovery of the labor contract, to the actual loss of workers asdetermination indemnity basis.China’s labor contract termination system, except for certain error valueorientation, balance of interests on termination of labor contract, from thejudicial point of view, the entire legal system in specific provisions is still rough,sometimes there is a conflict. Employees such as dissolution of the laborcontract transfer obligations, whether the employer shall pay compensation"plea of simultaneous performance"? These problems are too small, and thereis no theoretical value is too large, often for the theory of negligence, but thecause of the problems in the judicial practice also is objective existence, alsoshould be improved.