A Research Of Unilateral Termination Of Labor Contract By The Employees

The unilateral termination of a labor contract means the behavior that the employer or the employee terminates the labor contract within the performance of the labor contract.The behavior can be divided into two kinds of dissolution in consideration of the subject,which are the unilateral termination of employee and the unilateral termination of employer.And now,the issues of perfecting the system of unilateral termination of contract by employees have occupied an important position in both labor theory and practice field.Based on the ideas of discovering problems,studying problems and solving problems,the thesis conducted the research on the system of unilateral termination of contract by employees by methods of law interpretation and empirical analysis.Firstly,the author gives an overview of the legal basis of unilateral termination of contract by employees,including its concept and characteristics.Then,from the conditions of exercise,the fault of company or not and notification methods,the system of unilateral termination has been classified.Behind every legal system,there are profound theories.The thesis has further excavated and put forward the significance of unilateral termination system in terms of advance notification on labor contract termination and immediate labor contract termination,which is the security of life,labor freedom and contract freedom.The improvement of unilateral termination system is of great importance for protecting the legitimate rights and interests of workers,balancing labor and capital interests,constructing substantive equal labor relations,and forming a healthy and stable labor market.Secondly,with the development of market economy,laborers have a stronger ability to create wealth.In the meantime,people's awareness of labor has also progressed.Therefore,they are no longer praising the professional concept of "a secured job",Instead,they pursue more labor freedom and their own development."Job-hopping" has also become a common phenomenon in daily life.Due to short implementation of the labor system in our country,the unilateral right of termination was really obtained from the promulgation of the Labor Contract Law in 2008.The current laws of our country,which have lagged behind,can no longer meet the present labor market,and disputes arising from the exercise of unilateral termination rights by labors are numerous.On the basis of such labor market and the status of legal system of labor contract,the author analyzes problems in theory and practice of advance notification on labor contract termination and immediate labor contract termination by referring to the labor contract law of France,Germany,Britain,Japanese,Taiwan and other countries and regions.The thesis mainly discusses the specific issues such as unclear regulations on the degree of immediate labor contract termination,fewer cases on immediate labor contract termination,unclear responsibility of employers,over-broad scope of the application of notice period,single term and unclear provisions on labors' legal liability.Based on the ideas of discovering problems,studying problems and solving problems,the thesis conducts a research on this system and analyzes the legal system that the labors unilaterally terminate the labor contract.Through the method of law interpretation,comparative research and empirical analysis,the thesis summarized the theoretical origins of the system of laborers unilaterally terminating the contract.By referring to the labor contract law of France,Germany,Britain,Japanese,Taiwan District and other countries and regions,the thesis studied the current labor laws and regulations.And put forward suggestions for further improvement of problems in laborers unilaterally terminating the labor contract including the advance notification on terminating labor contract and immediate termination of labor contract.Lastly,to make up for the shortcomings existing in our country's legislative provisions,it is necessary to perfect the relevant legislative provisions on unilateral termination of labor contracts by employees in our country.The thesis puts forward the following suggestions:in terms of immediate labor contract termination,it judges the extent of the termination of contract,increase the cases of other immediate contract termination,and improve the employers' liability for breach of contract,and examine the severity of the subjective fault and breach of contract of employers.As for the advance notification on labor contract termination,it proposes that the scope of application should be limited to non-fixed-term labor contracts.The term of notice period should be set according to difference of duties,salaries and length of employment.And the responsibility of employees should be further legislated by fining regulations.