Research On The Sec. 3, Art. 40 Of Labor Contract Law

Article 40 of Labor Contract Law is the non-fault dismissal clause, Under the following circumstances, the employer may dissolve the labor contract if it notifies the employee in writing 30 days in advance or after it pays the employee an extra month's wages, for instance, the employee is sick or is injured for a non-work-related reason and cannot resume his original position after the expiration of the prescribed time period for medical treatment, nor can he assume any other position arranged by the employer; the employee is incompetent to his position or is still so after training or changing his positionhe objective situation, on which the conclusion of the labor contract is based, has changed considerably, the labor contract is unable to be performed and no agreement on changing the contents of the labor contract is reached after negotiations between the employer and the employee.By generating and analysing the sec. 3, art. 40 of Labor Contract Law, I sum up the judicial experience on basis of relevant cases. Under this premise, I also compared the sec. 3 with art. 40 and the principle of variation, also the objective situation with the objective economic situation, so that we could offer some suggestions to the related system of our labor contract law.