The Judicial Dilemma And Solution Of The Uncertain Concepts In The Employer's Termination Clause

The labor contract is the agreement between the laborer and the employer to establish,change,remove and terminate the labor relationship,which is the legal manifestation of labor relations between the parties.Remove labor contract refers to the labor contract after the conclusion,has not yet been fulfilled end or not fully perform before,due to the parties to the contract or unilateral legal act of the parties in advance to eliminate legal behavior of labor relations.Unit of unit of choose and employ persons removes labor contract,also call "dismiss",it is the main form that labor contract releases.Unit of choose and employ persons removes dismissal clause as the labor contract system and the interests of the parties to labor relations is most closely related to the legal provisions,due to unit of choose and employ persons remove labor contract has some uncertainty in the terms of the concept,the concept of uncertainty in practice often causes of labor dispute disputes,so need to be carefully discussed.In China,the "labor contract law" article 39 "doesn't accord with employ condition","serious violation","regulations","seriously affected","serious dereliction of duty","significant harm","competent",as stipulated in article 40 "circumstances",article 41.The provisions of the "serious difficulties","major technical innovation","objective economic conditions",etc.,these belong to cancel the uncertain concept in the field of labor contract in our country.In the specified unit of choose and employ persons remove labor contract on the basis of the connotation and characteristics of the concept of uncertainty,through the classification method of unit of choose and employ persons remove labor contract typed uncertain concept,and through the analysis of typical cases in uncertain concept of unit of choose and employ persons remove labor contract problems and controversy in the judicial practice,thus concludes that our country is unit of choose and employ persons remove labor contract rules in uncertain concept of too many,insufficient explanation and interpretation standard broad,well-defined legislative issues,and is not in conformity with the recruitment requirements,such as serious violation of rules and regulations,unit of choose and employ persons cannot explain concepts such as the judicial application of predicament,finally from the aspects of principle and interpretation method proposed consummates our country unit of choose and employ persons remove labor contract rules in uncertain systematic interpretation method of legal interpretation and judicial countermeasures,thus eliminating terms of unit of choose and employ persons fired because of uncertain concept of justice.On the one hand,in the course of judicial practice,it is necessary for us to establish a relatively uniform concept of uncertainty interpretation.On the other hand,it is necessary to the existing provisions of legislation from the elaboration of the concept of uncertainty clearly defined standards,strengthening local legislation perfect,thereby eliminating the employer fired because of the uncertain concept of judicial predicament in clause.