Research On The Discharge Of Labor Contract By Employer

Including the employing units and workers the right to unilaterally terminate the right to unilaterally terminate the right to unilaterally terminate, the employer’s unilateral termination right is generally referred to as fire, commonly known as the dismissal of the right to terminate the laborer unilateral, this study is the employer’s unilateral rescission right. The employer unilaterally terminate labor contract, refers to the labor contract, before full performance, because the fault of workers sex or no mistakes by occurred, leading to premature destroy the labor relations law behavior enjoys the employing unit.In our cultural context, the lifting of the employing units and workers labor relations is laid in the provisions of the western law; how to employer’s unilateral termination right limits is the kernel content of this paper, so the employer unilaterally terminate the labor contract cancellation right restrictions of course can also be understood as the western country "the dismissal protection system" research. Talk about the legal origin the article from limiting employer unilaterally termination right, theory of dismissal protection system of the existing comb. By comparing the two big legal systems on the provisions of dismissal protection, absorb the essence of the theory of them, and provide the reference for our accurate revision is terminated by the employer unilaterally causes.China’s "labor law" and "labor contract law" provisions of the termination of the labor contract by employer dissolving grounds, from the employing units for workers with no fault fault lifting lifting two aspects of the provisions of the employing units to unilaterally terminate reasons. Due to the provisions of existing a lot of shortcomings, related concepts in applying the ambiguity, neutral body vacancy and notice period specified is not appropriate and other issues.According to the legal provisions of the employing units to unilaterally terminate causes problems, revise and perfect with the relief for the unit is a pressing matter of the moment. Based on fuzzy concept, clarify is terminated by the employer unilaterally improve improper lifting of the compensation liability and notice period with formulation is terminated by the employer unilaterally three angle as the breakthrough point, on how to improve the system and discusses the problem of the notice period, thus the provisions the restrictions on the unilateral lifting of the employing units for more complete.