Analysis On The Arbitration Dispute Of Ms Zhang And A Company She Worked At

Labour law belongs to social law. Labour relationship is one of the veryimportant social relationships which is the foundation of social stability. Harmoniouslabor relation is conducive to the harmonious development of society. Theconstruction of harmonious labor relations requires to perfect the legal system and toguarantee the lawful rights and interests of workers effectively. The labor contract lawsystem is the basic of labor law system which is of great significance to protectlaborer rights and interests.Labor Contract Law of the People’s Republic of China wasenacted on June29,2007and implemented on January1,2008which marked China’slabor contract system has become legal and regular. Article37, the rights protectionclause of Labor’s unilateral terminating right, is a great progress in legislation.However, this article is still controversial on definition of Labor’s unilateralterminating right and30days notice period. In this paper, put forward the followingthree issues by introducing the arbitration dispute of Ms Zhang. The first focus,qualitative disputed statutory notice period of30days. Using the program theory andconditions theory respectively evaluates and analyzes rationality and legitimacy of theexistence of the legal notice period.At last,the wirter regardes rationally the legalnotice period of30days as program.The second dispute,laborer during forecast noticeperiod can withdraw resignation behavior or not. This dispute is the main point.Afteranalyzing the existing right of formation theory, offer theory, time limit civil juristicact theory and interpellation theory,the author makes a concludsion that the laborersmay withdraw resignation during legal notice period,with the help of offer theory anddemand theory. Disputed points three,the labor contract could survive or not afterresignment. The solution of this problem should end the habits of previous guide andclear legal responsibility, then to protect the legitimate labor relations. Combined withthe case study, the author pointed out the problem of labor’s unilateral terminatingright from the perspective of legislation and practice and proposed some opinions andsuggestions on protecting laborer’s legal rights and establishing harmonized laborrelationship by enriching labor law theory and perfecting labor legislation.