Research On The System Of Labor Contract Cancellation In China

Labor contract,also called labor agreement,is the agreement legally set up between the laborer and the employing unit to establish the labor relation.As we all know,the principle of labor contract established is voluntary,equality and consensus.Labor contract mainly restrains the behavior between the laborer and employing unit,and protect the two parties' legal interest.The parties must perform their duties of contract established by them.The dissolution of the labor contract is closely related to the legal rights and interests of the parties in the labor contract system.Since 2008,the national labor contract law has been implemented for seven or eight years.However,it has caused a lot of controvers in the actual practice.That is,the national labor contract,as a law referring to protecting legal interest between the labor and employing unit,has many disadvantages,which is bad for the harmony and stability of labor relationship in our c ountry,and has a bad effect on economic rapid development in our country.For this,not only the government,but also the law field and economy field have prof-ound thinking.Based on the comprehensive analysis of China's labor contract d issolution and learn from the beneficial experiences,several constructive sugges tions have been put forward in this paper to improve China's labor contract disso lution system.The paper mainly includes four parts.Firstly,the concept of the labor contr-act is introduced,the detailed content,and the characteristics of the labor contra-ct is summarized.Secondly,this paper specially introduces the labor contract di-ssolution has three different kinds in Labor Contract,and its detailed content,it s elements establishing the aim of labor contract dissolution,and its procedural.Besides,problems existing in the termination of the labor contract system are present,including,lack of limitation to consent contract;absence of legal respons ibility if laborer forecast removing violate the speculation in notice term;unclea r conditions f-or labor to immediately lift the contract;confusion between dissol-ution of labor contract and invalid labor contract;absence of the employer's not ice to terminate the notice period;lack of definite standard in employer's immed iately lifting;and unclear informed object and content in economic layoffs and d-efective reporting obligations.Finally,on the basis of the last part,this thesis puts forward some suggestions on improving the labor contract recession system in the national labor contract,respectively from strengthening legislative restric tion for consent dissolution,improving legal responsibility for those who violate the notice item and immediately lifting;explicating invalid labor contract and th e lifting of the labor contract,making clear of the standards of '' applicant does n ot meet the recruitment conditions ";limiting the use of 'serious violation of rule s and regulations';distinguishing the difference between serious and major serious;and explicating notification object and content in economic layoff and corre sponding reporting obligation.