The Research Of Labor’s Notification To Cancel

At present, the Labour market is still faced with laborer supply exceeds demand, the serious situation of employment of the disadvantaged position of workers that labor contract law to protect their legitimate rights and interests in our country give workers more fully on the basis of the freedom of choosing a career, through legal means to protect laborers right to survival and development is to build a harmonious and stable labor relation. Therefore, the law by giving the laborers’ right to forecast to resign to increase the protection of laborer autonomous employment rights and it is also accelerating the inevitable requirement of talent flow and promote economic development. Resigned from the theoretical sense, the forecast of laborer rights make working relationship both sides main body in the labor contract the rights and obligations agreed to be lifted in the form of legal and valid, embodies the legislation provide labourers with sloping protection and balance of the interests relationship between labor relationship both sides, in line with the requirements of legislation to protect laborers right to survival and development. By studying the legislation’s pursuit of social values, in combination with the laborers’ right to forecast to resign the legal background, determine the legislative purpose and value of the legislation to achieve desired goal, to promote legalization of labor relations. And practice sense, the laborers’ right to forecast resigned not only satisfy the workers themselves the realization of the interests of the largest and ensure the laborer can realize in the process of negotiated with unit of choose and employ persons two-way choice, of labor to achieve substantive justice, and is helpful to stimulate the demand for talent competition between unit of choose and employ persons, promote the optimized allocation of labor resources, improve the benefit of society as a whole production and resource utilization. The current legislation in our country on the laborers’ right to forecast resign regulation is not perfect, the reality often appear in the resulting from improper laborer forecast to resign right of labor relations unstable condition. Paper through the analysis of the legislation of the laborers’right to forecast to resign, point out the deficiencies, to resolve to keep a stable labor relations under the premise of realizing the rational flow of labor, to construct the harmonious labor relations.This paper includes four parts:the first part is the laborers’ right to advance to resign overview, mainly introduced the meaning and legal basis of forecast to resign right, through carries on the classification of different angles to deepen the understanding of the nature, this paper elaborates on the features of the laborers’ right to forecast to resign and the forecast to resign right compared with similar rights related analysis so as to deepen the understanding of this right. Finally introduces the notice of resignation right social value, clear study of the right to the working relationship both sides main body role; The second part, our country about the notice of resignation right legislation present situation and existing problems. This part analyzed our country’s legislative provisions on the right content and points out the applicability of the rights in the contract is too big, authorized imbalance, forecast period to set too monotony and lack of pertinence, law consequences such as service period of the setting, the provisions of the amount of liquidated damages is not enough detailed, etc is pointed out that the problems of legislation; The third part, foreign workers notice of resignation right legislation research and reference value. This part mainly introduces in France, Germany, Japan, the UK, the rights of the relevant legislation and restrictions on the labor contract period, the termination right subject and forecast period were analyzed. At the same time with the foreign system useful experience for our country’s legislation system perfect. The fourth part, our country about the measures for perfecting the laborers’ right to forecast to resign. According to the contract law shall abide by the fair, honest and trustworthy, derived prohibit abuse of rights principle, purpose and use it as a perfect suggestion. By defining the laborers’ right to forecast to resign the applicable scope, flexible set a deadline for trailer, moderate conferred the mutual agreed liquidated damages system provide hierarchical protection measures for different types of laborer, and proposed from the perspective of legal consequences prescribed specific measures such as to ensure mutual balance of labor relations in order to build a stable and harmonious society. Innovation point of this article is the exercise of the legal consequences of regulation over the laborers’ right to forecast to resign to be more perfect, put forward the laborers’ right to forecast resignation apply to the non-fixed term labor contract, strictly limit applicable to fixed term and accomplish a certain task deadlines of the labor contract, eliminates the employer for part of the employee any unconditional remove labor contract damages the interests of the unit concerns, and put forward to encourage the non-fixed term labor contract as the main form of labor contract in our country, for violation of service agreement situation has carried on the limits of workers’ rights, and compensation for the damage caused by the default rules for the implementation of specific measures, effectively balance the legitimate interests of the unit of choose and employ persons.This paper takes the laborers’ right to forecast to resign in our country’s present legislation as a starting point, the integrated use of the law interpretation method, comparative method, value analysis method the research method of legislation of our country the laborers’ right to forecast to resign the semantic analysis and interpretation, explore the legislative intent of lawmakers, clear the parties rights and obligations relations. And the rights of the theoretical study and current status of the laborers’ right to forecast to resign, combining comparative study with comparative research to the domestic related rights and examining foreign and related areas, on the basis of related system and practice experience, has carried on the induction and summary, put forward the preliminary idea of perfect legislation, at last, through the use of value analysis will resign laborer forecast system in the whole system of labor contract law in our country in this paper, the social value and the necessity of its existence, the hope of perfecting the laborer of forecast to resign right to provide the certain reference value.