| The system of worker’s advance notification of cancel labor contract is related to the freedom of labor of workers,enabling it to realize two-way choice with employers,promote the flow of talents,and maximize the value of labor.The system provides the employer with time to prepare for stable production and operation order by setting a notice period,avoiding excessive losses to the employer due to the sudden resignation of workers,counterpoising the benefit of both parties to the labor relationship,and maintaining harmonious labor relations.However,the design of the existing system is not yet complete,and in recent years the phenomenon of urgent resignations of workers has increased,making the application of the system more and more difficult in practice.Therefore,it is necessary to conduct research on the system of worker’s advance notification of cancel labor contract and make suggestions for improvement.This article discusses from four aspects.The first part mainly elaborates the basic theory of the system of worker’s advance notification of cancel labor contract,introduces the concept and characteristics of worker’s advance notification of cancel labor contract,and briefly distinguishes the related concept,including immediate resignation and unilateral termination of labor contract.And explained the necessity of this system,it is the basis for further research on this system.The second part starts from the status quo of our country’s laborer resignation system,and points out the deficiencies of the current system through the analysis of the status quo of legislation and judicial practice.The third part mainly studies the foreign system of worker’s advance notification of cancel labor contract.It mainly enumerates the systems of worker’s advance notification of cancel labor contract in France,Germany,Japan and so on.Through the analysis of the foreign system of worker’s advance notification of cancel labor contract,we can learn experience from it.Relevant legislative experience has certain reference significance for the improvement of the related system in China.The fourth part puts forward suggestions to improve our country’s system of worker’s advance notification of cancel labor contract.First,it is recommended to balance the authorization of the employer and the employee to protect the relevant rights and interests of the employer;second,it is recommended to clearly define the legal validity of the notice period to solve the problem of inconsistent identification of the legal validity of the notice period in judicial practice;third,the scope of application of the system of worker’s advance notification of cancel labor contract should be adjusted to take into account different types of labor contract;fourth,The notice period could be set differentially according to the industry and the actual working hours.Fifth,the law should improve the compensation liability of workers who pre-announced their resignation in violation of the law,so as to regulate the illegal workers’ behavior more easily and build a relatively stable labor relationship.The author hopes that through the research of this system,we can contribute some strength to the improvement of the system of worker’s advance notification of cancel labor contract in China,counterpoise the interests of laborers and the reasonable demands of employers,and promote the construction of harmonious labor relations. |
