An Analysis Of The Termination System Of Labor Contracts From The Perspective Of Interest Balance

Rescission of labor contract in China is a system of preferential allocation of rights.The current rescission of labor contract in China is mainly stipulated in the labor law,the labor contract law,the regulations for the implementation of the labor contract law and related documents.It can be said that rescission of labor contract is the most written and full and most detailed system in the labor law,the labor contract law.According to these regulations,the rescission of the labor contract can be divided into the dissolution of consultation and the unilateral dissolution of the labor contract.The second types are divided into two cases,the employing unit unilaterally terminates the labor contract and laborers unilaterally terminates the labor contract,because of the subject of the exercise of the rights of rescission.The unilateral rescission of the laborers is specifically divided into three types,unilateral rescission and notice to rescind the labor contract and rescission without notice immediately.The unilateral rescission of the employing unit can also be specifically divided into three types,rescission without notice and notice to rescind the labor contract and economic layoffs.Moreover,as a protective means for labors to rescind the labor contract,the law stipulates when the employing unit should pay the laborers economic compensation after the rescission of labor contract.In the specific classification of the system,states legislation inclines to protect laborers in different degrees through legislative needs of sloping protection and different treatment of rescission conditions.The labor contract law is established to protect laborers and the inclination is to achieve the stability of the labor relations.This is the result of balance of interests and it is not wrong to emphasize the inclined protection of the labors,however in contemporary China,It is not appropriate and unwise to overemphasize the protection of any one side.So,instead,the system of rescission of the labor contract has some difficulties in the practice in the incentive dilemma without any advantages,which may lead to the following risks:labors will have moral risk,the employing unit will try to avoid it for this and even abuse economic layoffs.In this regard,the principle of freedom of employment,the protection of unfair dismissal and the protection of illegal dismissal and so on in extraterritorial legislation are deserved our reference,it provide important resources for the perfection of our system of rescission of the labor contract.We should take the following measures to promote the dissolution of labor contract system in the appropriate allocation of rights:different procedures and conditions are set up in accordance with the type of labor contract;adjustment of the conditions for the exercise of the unilateral rescission of the rights of labors and employing unit;determine the standard of economic layoffs to avoid abuse by employing unit;perfection the necessary procedures rescission of the labor contract;adjustment of the scope of application of economic compensation.Laborers are often in a disadvantageous position in labor relations so the labor law focuses on their protection in order to pursue the equal status and balance of interests between the two parties.But it is absolutely impossible to pursue the interests of laborers unilaterally at the expense of the interests of capital.Only with the proper grasp of the degree,can the disputes between the two sides be reduced better and the establishment of the harmonious labor relationship be promoted.