The Study On Imbalance And Reconstruction Of Labor Contract Cancellation System

Labor law system in China is constantly developing,from labor law implemented in1995 to labor contract law implemented in 2008.But compare with contract law,labor law system has not been developed for a long time,and has been little tested by practice.For this reason,the demand for the revision of labor law has continued,especially with the continuous development of society,the disappearance of China's demographic dividend,and the pressure of economic transformation.Part of the labor legal system is no longer adapted to the development of society.The dissolution of labor contract occupies an important position in the entire labor legal system,and it is also the most important cause of many labor disputes.Therefore,studying the abolition of labor contract is necessary for us to continuously improve the labor legal system and protect the legitimate rights and interests of laborers,moreover it plays an important role in balancing the interests of the employing units and maintaining social stability.This article focuses on the four aspects of the labor contract cancellation system.The first chapter focuses on the concept,type and legal consequences of the labor contract cancellation system.Through the first chapter,we can more clearly understand the specific content of the labor contract cancellation system and provide better theoretical guidance for the problems that arise in practice.The second chapter focuses on the problems existing in the labor contract cancellation system.This paper mainly discusses the imbalance of labor contract cancellation system from three aspects of legislative purposes,laborers and employing units combined with practical cases.The third chapter focuses on the legislative experience of foreign countries on the system of labor contract cancellation.This article focuses on the useful experience of Britain,France and Germany,such as labor contract cancellation mainly for open-ended labor contracts,labor contract cancellationprocedures,and economic compensation.Take its essence,for my use,the complete labor contract cancellation system with Chinese characteristics can be truly realized by standing on the shoulders of predecessors.The last chapter is the final destination of this paper.Through the introduction of the above three chapters,the purpose is to better explore the labor contract cancellation system in line with the development of both labor and capital.How to better balance the interests of employers and workers and improve China's labor contract cancellation system is the most important part of our research,except for the need to amend and improve labor contract laws and regulations from the legislative point of view.This paper puts forward the relevant measures from two levels: the laborer and the employer,so as to perfect the labor contract cancellation system in our country.