A Study On The Unilateral Dismissal Of Labor Contract By Employing Unit

It is one of the most important parts of labor contract law and one of the points of dispute of labor contract dispute in practice.At present,the "labor contract law" of unit of choose and employ persons unilaterally terminate the labor contract provisions are detailed stipulation,but also there is a lack of theoretical support,deviating from the legislation original intention.This article mainly is unit of choose and employ persons unilaterally terminate the labor contract on the basis of the general provisions,combined with the labor contract itself has the basic characteristics of analysis from the basic concept,legislation,problems and improvement Suggestions of unit of choose and employ persons unilaterally terminate labor contract behavior analysis.The thesis is divided into three parts:introduction,text and conclusion.The text is divided into five parts:The first part analyzes the basic concepts of unit of choose and employ persons unilaterally terminate labor contract behavior,in view of the practice will only terminate the labor contract as a process can be very casual sex,points out that the essence of which is through the act of a process to terminate the labor contract the rights and duties in the relationship between the parties,and the process itself also shows the characteristics of complex,multilayered;The second part explains the legal basis of the employer's unilateral termination of the labor contract,and points out that it is the right of the employer to exercise the right to unilaterally terminate the contract.The third part has been clear about the unit of choose and employ persons the right to unilaterally terminate the relevant content,unit of choose and employ persons the right to unilaterally terminate is its remove labor contract behavior at the heart of the need to clarify their boundaries and constraints,etc.;The fourth part explains the specific application conditions and procedures of the employer's unilateral termination of labor contract,and lays a foundation for the problems in the following paragraphs.The fifth part,the author analyzes the prominent problems existing in the labor contract of the employer,and gives some Suggestions on the analysis of the law and the full explanation.