Research On The Laborers’ Rights Of Unilateral Termination In The Labor Contract

Laborers’ right of unilateral termination means laborers have the right of terminating the labor contract without employer’s agreement.Laborers’ right of unilateral termination which according to termination whether need to inform the employer in advance can be divided into two categories: advance termination and immediate termination.As a right of terminating contract, laborers’ right of unilateral termination is a right of formation in law which allow laborers to end labor relation, restoring freedom.In view of the oversupply state in China’s labor market, in order to protect laborers’ legal rights,the law empowers laborer to unilaterally terminate the contract, which has vital significance. It not only favors optimal allocation of labor resource and protects laborers’ right, but also benefits employer’s stable development.Meanwhile it can not be ignored that there is a boundary of exercising any right. Exercising laborers’ right of unilateral termination should be reasonable. However the current labor contract law in our country emphasizes on laborers’ rights protection, lack of reasonable limit of unilateral termination right which lead to a lot of problems in the judicial practice.Seeking the balance point between laborers and employers has extremely important realistic meanings which can achieve win-win situation of both sides of laborers and employers finally.This thesis is based on the rule of laborers’ unilateral termination right in the《 People’s Republic of China Labor Contract Law》 etc. This thesis is divided into three parts: firstly, it summarizes the basic principle of laborers’ unilateral termination right, including conceptual analysis, value and significance, categories study.Secondly, it concludes the legislative status of our country, analysing the problems existing in the judicial practice which includes single period of notice, inadequate regulation to mighty laborers etc. Then pose solving ideas of the author, combined with the research of foreign laborers’ unilateral termination system.Thirdly, it also based on concluding the present legislation of our country, analyzing the problems existing in the judicial practice which including incomplete legal situation and poor operability. And then pose opinions and suggestions to perfect the legislation of China’s national conditions, combined with foreign experience.