On My Country's Labor Contract Termination System

This paper discusses the current situation and deficiencies of system of labor contract termination,and then puts forward improvement plans to the situation of labor contract termination,termination procedure and making up and compensation problems after termination,by analyzing the current legislation situation in our country,combining the problems in practice.Firstly the paper discusses the definition,classification of labor contract termination and its differences with labor contract discharge under the situation of dualistic legislation system of labor contract termination and labor contract discharge in our country.By analyzing and comparing the stipulation of labor contract termination in foreign countries and other regions,combining the stipulation of system of labor contract termination in "labor contract law" starts to implement from January 1 of 2008,the paper discusses the legislation trend of tending to unity of system of labor contract termination and labor contact discharge.From the view of being easy to understand,the author concludes the labor contract termination conditions according to the sequence of the expiry time of labor contract and the real termination time of labor contract;classifies the limited conditions of labor contract termination with the standard of whether labor contract being determined to be termination finally.This paper mainly discusses the deficiencies of system of labor contract termination in our country from two aspects.The first one is that after the total legalization of situation of labor contract termination,there still exist deficiencies in labor contract termination situation,termination limit and termination compensation listed in "labor contract law",and there are still no stipulation of legislation to labor contract termination procedure.The second one is that in the judicial practice,there still exists omission in the compensation,compensation stipulation after the current labor contract termination and the protection to laborers.Hence,at the same time of discussing the above deficiencies,aiming at the situation of labor contract termination,this paper supplements relevant legislation deficiencies,and puts forward improvement plans to the procedures of labor contract termination.Distinguishing the faults of both sides or one side of labor contract,combining relevant rules of law,this paper increases the situation of compensation and making up after labor contract termination,and reaches the purpose of effectively protecting laborers.The author thinks that labor contract termination is one of the important labor relations exiting mechanism.Necessary theoretical research and improving relevant legislation and judicial system can be beneficial to regulating the labor management of employers,protecting the lawful rights and interests of laborers and more beneficial to realizing and maintaining harmonious labor-capital relationship.