The Legality Examination Of The Exercise Of The Right To Terminate The Labor Contract By The Employer

Forty years have passed since the implementation of reform and opening up in China.The employees of state-owned collective enterprises in the planned economy era have completed the transition from relying on identity to contract.Laborers are the core factor for the survival and development of enterprises under socialist market economy.How to adjust the labor contract relationship with employers,and how to balance the interests between employers and employees are related to the income sources and social security of thousands of families and the harmony and stability of China's economy and society.Although Labor Contract Law of the People's Republic of China(hereinafter referred to as the Labor Contract Law)and its implementing regulations have been promulgated for ten years,and the Supreme People's Court has also issued four judicial interpretations on the application of the law of labor dispute cases in the people's courts,the author in the judicial practice still encounters the difficulties and disputes in the application of law due to the general and ambiguous expression of the specific legal provisions.This paper is the author's litigation practice of the labor dispute case caused by the employer's unilateral termination of the labor contract,which leads to the consideration of the specific application of the relevant provisions of Article 39 of the Labor Contract Law.The author puts forwardhis own views on the legality examination of the exercise of the right to terminate the labor contract by the employer.This paper mainly focuses on the situation stipulated in Items(1)and(2)of Article 39 of the Labor Contract Law that the laborer does not satisfy the recruitment requirements of the employer within the probation and has seriously violated the rules and regulations of the employer.And in view of the classification and definition of the recruitment requirements,the effectiveness of rules and regulations,as well as the examination standards and methods of the degree of violation of discipline by laborers,etc.are discussed in detail.