Research On The Labour's Forced Resignation System

Coordinating the relationship between labour and capitals is an important task of labour law, the system of labour's forced resignation is a kind of institutional arrangement under the conce Pt of protecting the labour. Due to the separation between essence and appearance of the system of labour's forced resignation, it has brought troubles in identifying the "forced".The direct effect of the labour's forced resignation is that employer takes the "forced" responsibility of paying economic compensation, but the labour's active resignation appearance will become the excuse of the employer's refusal to bear responsibility for the defence. So how to define "forced" is high in importance. In the judicial practice, there are not only cases that labour is forced to resign, while judicial authorities don't recognize, but also cases that are more difficult to identify, for instance, "Cook aunt gets ten thousand RMB compensation for being adjusted to do numerical control, the most expensive cleaner in history". The academic research on the system forced resignation is far from perfect, even there is no consensus on the study of the elements. Therefore, the research of this paper has important value and significance.In addition to the introduction and conclusion, this article demonstrates from the following four parts: The first part starts from the definition of the forced resignation, explanation of the relationship between it and related concepts, highlighting characteristics of the separation of substance and representation on forced resignation. Grasping the evolution of our country from the historical context in the forced resignation system and its experience, to pave the way for the the post according to the investigates on the legislative evolution of our country. Regarding the 2008 labor contract law as a watershed, first analyzing the problems existing in the labor law, second suming up legislation breakthrough of Beijing, Shanghai, Zhejiang, Jiangsu, Guangdong province, at last, pointing out the extension of the labor contract law in the content.The second part introduces the relevant provisions about the system of forced resignation concerning the United States, Britain, France, Canada, and the area of Hongkong and Taiwan of China. Mainly analyzing the identification elements of other countries (regions) on the system of constructive dismissal, emphasizing prerequisites that employer fundamentally breaches the labor contract. Finally providing reference, in order to perfect the general provisions of our forced resignation system.The third part is the defects of the forced resignation system in China. Based on the analysis above, this paper analyzes the defects of China's forced resignation system that not to distinguish between the severity of the employer's behavior, subjective malicious, not to define the scope of labor protection and labor conditions, etc. All this leads to the present confusion of judging standards when the judicial organizations judge whether the employer "fails to pay the full amount of wages and salaries in time, to pay social insurance premiums and to adjust jobs for the workers ".The forth part is to put forward advice on how to perfect the forced resignation system. Firstly, identify the subjective fault of the employer.Secondly,identify the seriousness of the employer's behavior.Thirdly modify the thirty-eight provisions as a general clause.Finally, define the scope of labor protection and conditions.