Study On Unilateral Termination System Of Employer Labor Contract

Contract strictness is not only a basic principle in traditional civil law theory,labor law also adheres to this principle.However,in real life,labor relations are complicated and change.The employer can not be imprisoned by the established labor relationship,giving it the right to destroy the labor legal relationship according to the actual situation and its own needs.What it guarantees is the employer's autonomy in management.The unilateral termination of the employer's labor contract is one of the core contents of the labor law.Generally speaking,the unilateral termination of the employer's labor contract is conducive to optimizing the allocation of labor resources,reconciling labor relations,and playing a major role in safeguarding and promoting the development of the market economy.However,if the employer abuses the right to terminate the labor contract,it may pose a threat to the worker's right to survive and even affect social harmony and stability.Therefore,the Labor Law provides the necessary guidance and regulation on the unilateral termination of the employer's labor contract from the legal reasons and legal procedures of unilateral termination of the labor contract.On this basis,a system of unilateral termination of the employer's labor contract is formed.As far as the current labor legislation in China is concerned,there are omissions in the current regulations concerning the unilateral termination of the employer's labor contract.Not only has the general principle of the employer's unilateral termination of the labor contract not been established,but the specific procedure and reasons are too rudimentary to effectively respond to the ever-changing labor legal relations and various new situations and problems,and it needs to be improved urgently.The purpose of this article is to deeply analyze the unilateral termination of the labor contract of the employer,based on a comparative study of relevant systems in other countries,to analyze the unilateral termination of the labor contract of theemployer in China,and to make recommendations for the improvement of the relevant systems in China.This article is divided into five parts:The first part is an introduction,which briefly explains the significance of this article,the current status of research at home and abroad,research ideas and methods,and the innovations and shortcomings of this article.The second part is about the value orientation of the employer's unilateral labor contract cancellation system.The labor law is different from the private law.The labor law safeguards social interests.Therefore,the labor law has a strong color of state public power intervention.The employer's labor contract is unilaterally terminated.The system belongs to a specific system established by the Labor Law.This system must also take the pursuit of freedom,order,and efficiency as the value orientation,and analyze the value orientation of the employer's unilateral termination of the labor contract system,which can design the labor of the employer more scientifically and clearly.The idea of unilateral contract termination system.Before studying the value orientation,we first analyze the definition of the unilateral termination of the labor contract of the employer.The logical starting point of the study of the relevant legal system is also a meta-problem.The research in other chapters of this article is initiated and derived from this meta-problem of.The third part is through a comparative approach to the dismissal system of the relevant countries.Including: the typical model of the dismissal system in the United States,Japan,Germany,and France,and the comparative analysis of the dismissal reasons and procedures.Through horizontal comparison,we hope to get some inspiration from it.The fourth part combines the specific provisions in the labor law to analyze the current situation and existing problems of China's immediate cancellation system,advance notice cancellation system and economic layoff system.The analysis found that the two basic labor laws of China provide more detailed provisions on the unilateral termination of the labor contract by the employer,but the implementation effect of the law is not satisfactory.The phenomenon of illegal dismissal is still endless,and there are rigid reasons for the dismissal of the system Issues such as unreasonable settings,ineffective economic layoffs,and the absence of anti-social dismissal legislation.In order to avoid unfounded fantasies,this article supports thecase as far as possible in analyzing the existing problems,and reflects the specific problems of the system through the focus of disputes in judicial practice,which is small and more convincing.The fifth part is based on the first four parts,in terms of the author's thinking,from the macro guiding principles and micro system construction to improve the system.The macro guiding principles are mainly for the realization of abstract institutional value,mainly including the principles of reasonableness,integrity and last resort.Although these principles are not certain,they have important guidance for the perfection of the unilateral dissolution of employers in China.significance.In terms of micro-institutional structure,it is mainly to improve the system defects mentioned above one by one.