Legal Issues Of The Labor Contraction Termination Right Of Probation Period

China's labor legislation adopts unbalanced protection as the basic legislative guideline,thus providing unequal legal provisions for laborers and employers of the labor contract termination right during the probation period.However,due to the development of the market economy and the labor supply and demand market,many problems have arisen in the conditions and procedures for the exercise of the right of cancellation by both parties in the probation period.The overall performance is that there are too many restrictions on the right to terminate the probation period of employers and the lack of coexistence of restrictions.The laborers have almost no physical restrictions on the right to terminate the probation period.Such legislative provisions sacrifice the rights and interests of employers.There is suspicion of overprotection of laborers,which violates the original intention of the probation period.Therefore,the law's unbalanced protection for laborers needs to be controlled within a certain limit,so that the laborers and employers can truly achieve equality and equality in the form of equality,so as to achieve a balance between the interests of laborers and employers and realize the value of the principle of unbalanced protection,harmonious and stable labor relations.This article analyzes the laws and regulations,defines the relevant legal provisions for the labor contract termination rights of both laborers and employers,and analyzes the problems of labor rights termination in the probation period.And also provides reference suggestions for China's "Labor Contract Law".This article includes four sections.The first part discusses the basic theory of the nature of the probation period and the right to terminate the labor contract,and on this basis analyzes the important value of the existence of the right to terminate the labor contract during the probation period;The second part is based on labor laws and regulations,clarifying the statutory conditions,procedures,and consequences of laborers and employers exercising the right to terminate their labor contracts during the probation period;The third part is based on the existing labor legislation provisions,combined with case analysis of employers in the probation period to terminate the labor contract the lack of coexistence and excessive problems,as well as workers in the terminate period arbitrarily exercised the right to terminate the problems raised;The last part is the pertinent suggestion on the problem of the employer and the laborer's right to terminate the labor contract during the probation period.On the one hand,it stipulates the conditions for perfecting the conditions for the application of the labor contract termination rights during the probation period,including clearly defining the employer's "recruitment conditions" and increasing the applicable provisions of the employer's labor termination contract power when the probation period and the medical period competition and economic redundancy are reduced.And set up a honesty information inquiry platform for the employment of employees.On the other hand,the procedural regulations for the termination of labor contracts in the probationary period shall be perfected,and foreign relevant regulations shall be used for reference to standardize the procedures for exercising the right to terminate probation periods of employers and workers.