Study On The Unilateral Termination Of Labor Contract

The labor contract is the tie of employer and laborer,and the signing of the labor contract can clear the rights and obligations of the parties.It is the employment contract which is signed under the principles of legal,fair,equal,consensual,and honest and credit according to the relevant laws and regulations of the employer and the laborer according to the labor law.The dissolution of a labor contract is the legal act of the parties or parties of the contract to terminate the contractual relationship in advance for some reason before the two parties fail to fully fulfill the obligations stipulated in the contract.Whether the design of the labor contract system is reasonable is directly related to the interests of the parties.The system of unilaterally terminating the labor contract occupies an important position in the labor contract system.It allows the employers and workers to have the way to protect their rights and interests,which makes the labor resources more effective and the labor relations are adjusted.And the market economy is heading for a healthier direction.China formally promulgated the labor contract law in 2007,indicating that the legal system for the rescission of labor contracts in China has been initially sound.In the judicial practice of our country,the dissolution of labor contract is one of the most important reasons for the labor dispute.Because the labor contract law is inclined to protect the workers,the employers can not dismiss the workers at will,but is this inclined protection to the employer really fair? Many scholars believe that the labor contract law in China is not equal to the employers and workers,and the excessive protection of the workers makes the employers' employment autonomy affected,which leads to a great increase in the operating cost of the employers,to take a comprehensive view,it is not a good thing for the workers.These phenomena lead the author to ponder over the unilateral rescission system of labor contracts: is there a problem of excessive protection for workers in China's labor contract law? Is there a blind area for the protection of workers? How should the legitimate rights and interests of employers be protected? What are the problems in the unilateral rescission system of labor contracts in China? How should we improve the existing problems in the unilateral rescission system of the current labor contract? Aiming at these problems,the author makes an in-depth study of the unilateral rescission system of labor contracts.The author believes that the provisions of the labor contract law in our country are too serious for the protection of the workers.The labor contract can be relieved by the employers without any reason,while the employment unit can dissolve the labor contract with the workers is very small,and at the same time the employers have to pay a great deal.The economic compensation is undoubtedly unfair to employers.Such regulations also restrict the overall function of the unilateral rescission system of the labor contract.Therefore,the author thinks that the right of unilaterally relieving the employers should be relaxed,and the unilateral rescission of workers should be restricted,so as to realize the unanimous fairness between the workers and the employers.This is conducive to the development of the labor market in the direction of more scientific and healthy.It can make the relationship between the labor and capital more stable and harmonious,so as to play an important role in the system of the labor contract in the whole labor contract system.In this paper,by collecting,reading and summarizing the relevant academic literature on the labor contract system with further understanding,through elaborating the related law of China "labor contract law" in the article,according to the actual situation of our country the analysis of the current China's labor contract system deficiencies,and put forward the corresponding improvement according to these problems suggestions.The first part of this paper mainly introduces some basic theories of unilaterally relieving labor contract,including the concept of labor contract and the dissolution of labor contract.The labor contract is the agreement between labor and employers to establish labor relations and clarify the rights and obligations of both sides.The dissolution of the labor contract can be divided into the dissolution of the agreement and the unilateral dissolution of the contract.Besides,it expounds the meaning and characteristics of the unilateral rescission of the labor contract,and finally points out the value orientation of the unilateral rescission system of the labor contract,namely freedom,justice,order and efficiency.The second part of this paper mainly introduces several types of unilateral lifting of the labor contract,the first is the immediate unilateral rescission of labor,labor contract in immediate termination of the labor contract that is consistent with the legal provisions in the employer's behavior of workers without advance notice to the employer can terminate the labor contract.The article enumerates seven situations in which the laborers of our country can exercise this right.The second one is the worker's unilateral notice lifting system,that is,the worker will inform the employer in advance of the decision to terminate the labor contract,and the labor contract can be terminate until the expiration of the notice.But workers must abide by the state regulations when exercising this right.The third one is the unilateral rescission system of employing units,including the six cases where the employer can exercise the unilateral immediate lifting system,and the three cases of exercising the unilateral notice lifting system.The third part of this paper illustrates some problems existing in the system of China's labor contract,the first problem is the worker unilaterally terminate the labor contract system is not reasonable,mainly from the labor contract system and the notice of termination of labor contract dismissal system two aspects to elaborate.The second problem is the relevant laws and regulations omissions,mainly reflected in the following four aspects: labor dispatching relieves the power immediately by actual deprivation,not clearly identified negotiation standards,not expressly unilaterally terminate the labor contract when leaving certificate contents and legislative technology is not mature.The third problem is the imbalance of labor contract relief system to the protection of laborers and employers.It is mainly reflected in three aspects: no respect for labor autonomy,high standard of economic compensation,no clear distinction between inappropriate dismissal and illegal dismissal.The fourth part of this paper,in view of the problems existing in the unilateral rescission of labor contract,puts forward some suggestions for improvement.First of all,we should improve the system of unilaterally relieving the workers,and put forward some suggestions on the two aspects of the workers' unilateral announcement and the immediate relieving of the workers.Secondly,we should make up for the loopholes in the law.We can start from the following four aspects: eliminating the rights and interests of workers,protecting the blind spots,making clear the relevant laws and regulations,timely cleaning up relevant laws and regulations,and improving the legislative technology.Finally,we need to rectify the imbalance between the interests protection of workers and employers.The author puts forward three suggestions,namely,limiting the application of the recovery labor contract,taking the actual loss of workers as the standard of compensation,and giving relief to inappropriate dismissal and illegal dismissal,respectively.It is hoped that the suggestions put forward by the author can have some reference value in the process of perfecting the unilateral rescission of labor contract in China.