Study On Labor Contract Termination System

The labor contract cancellation system is an important part of the labor contract legal system.It is one of the focus of labor legislation in the world.Its main purpose is to provide adequate protection for the legitimate rights and interests of workers,and at the same time to protect the legitimate rights and interests of employers.Because in labor relations,the power of laborers and employers is not balanced,and laborers are often in a weak position.Therefore,strengthening the intervention on the conditions for the termination of labor contracts becomes an inevitable move of labor legislation to protect the rights and interests of laborers.China's 2007 Labor Contract Law regulates the system of removal and termination of labor Contrac in the form of a special chapter,further clarifying and strictly limiting the statutory situation of the termination of labor contracts,reflecting the strong characteristics of state intervention and plays an important role in protecting the legitimate rights and interests of workers.Up to now,the " Labor Contract Law" has been implemented for more than 10 years.The relevant provisions of the labor contract cancellation system also reflect a series of problems in practice,which have a great impact on the harmony and stability of labor relations,even current different scholars and Judicial referees have also made major differences in the system regulations,which further affects the specific implementation effect of the system and affects the protection status of workers and employers' rights and interests.Therefore,the labor contract cancellation system urgently needs to be improved.It is in this context that this paper studies the issue of the labor contract cancellation system,in order to provide a useful exploration for the improvement of China's "Labor Contract Law".This article is divided into the following four parts:The first chapter is the basic theoretical analysis of the labor contract cancellation system.The main content of this chapter is the concept,the characteristics and the type analysis of labor contract cancellation,and the comparative study of labor contract cancellation and civil contract cancellation,and the significance of protecting the termination of labor contracts,and so on.It aims to lay a basic theoretical foundation for the specific study of the labor contract cancellation system below.The second chapter is the analysis of the problems existing in the labor contract cancellation system in China.This chapter analyzes the problems existing in the unilateral termination of the legal norms of the labor contract and the negotiation and termination of the legal norms of the two parties to the labor contract.On this basis,the paper analyzes the relevant provisions of the liquidated damages system and the non-compete system in the labor contract cancellation system.In order to clarify the specific problems of China's labor contract cancellation system,it provides targeted guidance for the comparative study of the labor contract cancellation system and the improvement of China's labor contract cancellation system.The third chapter is the introduction of the system and experience of the extraterritorial labor contract cancellation.This chapter introduces the labor contract cancellation system in the United States,Japan,and Germany for example,introduces the composition of the extraterritorial labor contract cancellation system.The paper analyzes its legislative experience from the "freedom of contract" that focuses on the dissolution of labor contracts,scientific setting to terminate the notice period of the labor contract,Intensifying labor contract cancellation conditions and other aspects of its legislative experience,in order to provide a reference for the improvement of China's labor contract cancellation system.The fourth chapter is to put forward suggestions for the improvement of the legislation of the labor contract cancellation system in China.The contents of this chapter mainly include the improvement measures for the laborer to unilaterally terminate the labor contract system,the improvement measures for the employer to unilaterally terminate the labor contract system and other perfect measures in the negotiation and termination of labor contract system.Based on the practical problems of China's labor contract cancellation system,this paper draws on the experience of the labor contract cancellation system outside the country,and proposes measures to improve the labor contract cancellation system in order to better safeguard the legitimate rights and interests of both parties.