The Termination System Of Unilateral Notice In Labor Contract

The main function of the termination of labor contract by unilateral notice is to ensure that workers and employers have certain autonomy in the termination of the contract.However,based on the concept of "Labor Contract Law" in China,the protection of workers,the right of workers to resign by unilateral notice is unlimited and the termination of employers' notice is strictly restricted.Incorrect exercise of this right will inevitably be at the expense of the interests of the employer,making the contradictions between the two sides increasingly prominent.With the deepening of supply-side reform and the increasing pressure of China's economic downturn,labor contract law has once again become a hot topic in both legal and economic circles.The protection of the right of resignation of workers has been excessive suspicion,and many restrictions have been set on the termination of the employer's notice,which is contrary to the original intention of the labor contract law-to build and develop a harmonious and stable labor relations.Too many restrictions make the unit of employment labor costs rising,competitiveness declining,and even let enterprises close down or transfer to other countries for survival,so the result is still the victim of workers.Inclining protection is not only to protect workers,protection should be limited,to achieve substantive equality between labor and management and balance of interests is the original intention of the establishment.On the basis of demonstrating the lack of mobility and flexibility in the labor market caused by the imbalance of the right to terminate the unilateral notice,this paper discusses the improvement of the unilateral notice termination system.Based on the principles of fair protection,autonomy of will and good faith,this paper puts forward some suggestions to restrict the scope of application of workers' notice termination reasonably,clarify the legal liability of illegal exercise of notice termination right,increase the situation of employers' exercise of notice termination appropriately and enlarge the scope of application of liquidated damages appropriately.Balance the interests of both sides.