Font Size: a A A

The Research On Labours Unilaterally Terminate The Labor Contract Law System

Posted on:2016-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y P YanFull Text:PDF
GTID:2296330464460698Subject:Law
Abstract/Summary:PDF Full Text Request
Laborer to unilaterally terminate the labor contract is the important part of labor system in China, one of the most important classification is laborer forecast terminate the labor contract system and the system of laborer instantly remove labor contract.The laborers to unilaterally terminate the labor contract system in slope protection of disadvantaged workers in labor relations at the same time, also take into account the legitimate rights and interests of unit of choose and employ persons, otherwise it is overkill.The first part of this article, the author of laborer unilaterally terminate labor contract on the macro overview, first of all, the concepts and classification is introduced in detail. Secondly, the author of laborer to unilaterally terminate the labor contract theory basis for deep excavation, said from jurisprudence, the laborer to unilaterally terminate the labor contract to pursue is the essence of equality law value; Says from the labor law, workers unilaterally terminate the labor contract in the implementation of labor freedom at the same time, balance the relationship between liberty and freedom of employment of labor, is the embodiment of the employment protection system under labor contract system. Finally, the author explores the realistic significance of laborer unilaterally terminate the labor contract system, overall laborer unilaterally terminate the labor contract system to form with the honest credit as the order of the labor market, to protect the legitimate rights and interests, to form the essence of equality of labor relations are very important positive significance.In this paper, the second part is the study of terminate the labor contract is laborer precautions, the regulation of our country "labor contract law" has a corresponding, but at present our country’s legislation in general coarse, embodies the problem is: laborer forecast terminate the labor contract system applicable to all laborers, the labor contract, all the length of the probation period, ignore the difference between the reasonable, and the laborer abuse this right without any legal regulation. After the author investigates the foreign legislation that the system should be perfect, through the four ways are respectively different types because of laborer and the difference between rules and should be applied only to the non-fixed term labor contract, define the legal liability workers notice termination right abuse, according to the regulations of the length of the probation period forecast system of lift different probation period.Specific studies of part three of this article is laborer unilaterally terminate the labor contract system, the legislation of our country also made the corresponding provisions, but in practice there are still many problems, such as the lack of timely remove labor contract the legal situation of laborer standards, or show unfair to unit of choose and employ persons, or easy to indulge in excessive use of laborer the rights; Also such as economic compensation for laborer timely remove labor contract and economic compensation provisions of chaos, economic compensation can not fully cover all cases, at the same time both compensation and compensation for all without distinction for your specific situation. The author, by comparing with the foreign legislation after found foreign legislation system of the applicable conditions as a serious breach of the labor contract, and pay attention to the laborer economy compensation after the termination of the contract and to distinguish in the legislation, so we can improve system in the future from the three aspects.
Keywords/Search Tags:Labor Contract, Unilateral Termination, Instant Discharge, Termination on Notice
PDF Full Text Request
Related items