Research On Employer's Unilateral Termination Of Labor Contract

Nowadays,a lot of labor disputes are caused by early termination of employment,especially those termination on the part of the employer.After referring to some famous databases such as Pkulaw,Itslaw,wenshu.court,the author finds out that an increasing number of labor disputes are more or less concerned with the employer's unilateral termination of labor contract,which has become an hot research issue in the field of Labor Law.According to the labor laws and regulations,there are two prominent features of the legal rules for employer's unilateral termination of labor contract: one is early termination;the other is no agreement from the worker,that is to say,such kind of termination is an enforced conduction performed by the employer.Since the employer stands for a social organization and there are various social resources available,it is in a advantaged position in the labor relations.However,only by utilizing these social resources can the worker create wealth for his enterprise and realize his own value;therefore,the worker's rights and interests are much easier to be violated because of his relatively disadvantaged position and strong nature of person joint to the employer.What's worse,the worker will become even passive and have to suffer the bad consequences just because of the above two features.Our society can make a healthy development only through balancing the interests of all sides.If the worker's legitimate interests cannot be guaranteed,not only his living situation even the social stability will be affected,but also the reproduction of the social work forces,the enthusiasm and creativity of the labor will become problems so that the the survival and development of the enterprises will be endangered.From the above,to put both sides of labor relations at relatively equal positions is the basic leading thought for the labor legislation in our country,which can be realized by furthering the legal protection for the labors and making certain restriction to the rights of the employer for unilateral termination of labor contract.Employer's behavior of unilateral termination of labor contract must be treated differently according to different criterion.This paper focuses on the employee's part,defining the employer's behaviour as in-fault termination and without-fault termination.After investigating the present situation of the employer's unilateral termination of labor contract in our country and referring to the relative mature firing laws in some foreign countries,the author tries to make a systematical analysis of the relevant laws and regulations in our country.The body of this paper is divided into four parts:Part ? introduces present laws and regulations of the employer's unilateral termination of labor contract in our country.The development and characteristics of the labor relations are illustrated,on the basis of which,the inclined protection legislation model is explained.At the same time,the relevant literature and theories are sorted;the reasons and necessity for the conduction of inclined protection are emphasized.Part ? analyses the present situation of employer's unilateral termination of labor contract in our country.This part elaborates on specific clauses in the present labor legislation and classifies the present cases into in-fault termination and without-fault termination.The disadvantages of present system are pointed out based on equal position of both sides.Part ? focuses on introducing and investigating the firing system in some foreign countries.The firing protection system in some western countries begins early and comes in mature.This part introduces the main firing protection system and some typical regulations in certain countries.Our irrational clauses are hoped to be improved after resorting to their advanced regulations.Part ? raises some specific suggestions to better the system of the employer's unilateral termination of labor contract in our country.This part is established on the basic theories and analysis of the present situation,exploring the above theme by borrowing the mature experience from foreign countries.At the end of the paper,the author tries to put up with some feasible methods to improve disadvantages in some specific clauses in our country.