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Study On The System Of Laborer's Right To Predict Resignation

Posted on:2020-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z LeiFull Text:PDF
GTID:2416330572990087Subject:Economic Law
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With the continuous advancement of supply-side structural reforms,human capital has become increasingly prominent in economic and social development and competition.The current labor law has a tendency to "excessive laissez-faire" for workers to resign,which is reflected in the laborer's notice of resignation.Provisions.This paper analyzes the current legal provisions and specific judicial practice situations(statistical analysis of judgment documents),summarizes the problems existing in the laborer's notice resignation system,and combines the concept interpretation of the system to explore the appropriate path to optimize the laborer's notice resignation system.The statistical analysis of the 75 judgments shows that there are three main problems in the current legislative provisions and judicial practice of the laborer's notice of resignation: First,under the background of strictly limiting the employer's dismissal rights,the laborer's notice of resignation is significant.Expand and voluntarily resign without following the notice rules and written legal requirements.Second,the notice period applies confusion.The scope of application of the notice period is confusing,enterprises are increasingly dependent on talents with high quality and academic qualifications,the level of labor discourse power is hierarchical,and the length of the notice period is not targeted.the nature of the notice period is vague,and thus the judicial determination of the time of termination of the labor contract difference.Third,the burden of laborers is insufficient.The scope of liquidated damages is narrow and the amount setting is not punitive.The scope of damages for illegal notices only includes compensation for direct losses of the employer.In view of the difficulty of the employer's proof,it is not enough to rule the laborer's failure to perform the resignation period.From the perspective of the natural attributes of the labor force and the social development law of the capital determining the discourse power,the laborer itself is in the vulnerable structure,and the laborer's subordination of the employer strengthens the weak position of the laborer.Due to the inseparability of the labor force,the freedom and equality of the laborer become the legal value that the laborer should have in the resignation system.This value selection is realized by giving the laborer the right to resign.The discussion of the laborer's notice of resignation must be based on the grasp of the concept of labor law.The concept of labor law should emphasize the following points in the system of laborer's notice resignation: First,the theory of tilt protection should adapt to the social status quo of the gradual stratification of laborers,from simply emphasizing "capital strength and weakness" to the internal ability of workers.Differences are differentiated.Second,the introduction of the principle of prohibiting the abuse of rights,the examination of the laborer's notice of the time,degree,motivation and other factors of resignation,and the abuse of rights,should bear the responsibility for damages.Under the guidance of the legal concept,the laborer's notice of resignation system needs to be appropriately adjusted to adapt to the development of labor relations in the new era.First of all,based on the stakes involved in the notice period,the written form of the notice of resignation should be clearly stated.Secondly,whether the laborer's judgment on labor time,mode,environment,and labor outcome criteria can be affected,whether the laborer is easily forced to work,whether the labor value is underestimated,and the laborer's substitutability is high.The identification of workers' vulnerability is divided into the level of strength and weakness of the workers.Furthermore,for the issue of the notice period,the nature of the procedure of the notice period and the release of the notice of the third paragraph of Article 38 of the Labor Contract Law should be clarified,and the notice period should be divided according to the difference between the strength and weakness of the laborer and the length of the work.Finally,the laborer's responsibility is appropriately increased.Incorporate special welfare arrangements into the scope of service period liquidated damages,and apply the restrictions of Article 114 of the Contract Law and the second paragraph of Article 22 of the Labor Contract Law,and refer to the economic compensation.The algorithm appropriately relaxes the limitation on the amount of liquidated damages;in addition to the compensation for the current statutory items,the laborer shall,in addition to the compensation for the current statutory items,pay compensation for his failure to perform the notice period.
Keywords/Search Tags:notice of resignation, right to resign, notice period, liability for damages, tilt protection
PDF Full Text Request
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