A Research On The System Of Workers’ Preannouncement Of Resignation In China

The unilateral termination of the labor contract system has always been the core content of the labor laws of various countries.The employee’s notice of resignation system included under it is an important part of the system,which can produce vital interests for both the employer and the employee substantial impact.Under normal circumstances,workers who pre-announced resignation must have a clear and unambiguous expression of their intention to terminate the labor contract,and notify the employer of their resignation intention in advance,without explaining the reason for resignation,and continue to perform the labor contract until the expiration of the pre-announcement period.The labor law grants workers the freedom to announce their resignation has a solid foundation of legitimacy.It is a necessary measure to protect workers’ right to choose their own jobs,correct substantively unequal labor relations,and optimize the efficiency of labor resource allocation.In addition,from a global perspective,it is an internationally accepted practice to classify and design the rules for the advancement of resignation of workers according to the type of labor contract.The provisions of Chinese labor law on the right of workers to announce their resignation are relatively general and single,and lack the refinement of legal application.The specific manifestations are as follows: First,the scope of application of the worker’s right to advance resignation is unreasonable.Firstly,workers who have signed a fixed-term labor contract have the right to resign without reason;secondly,part-time employment is completely excluded from the scope of the advance resignation system;finally,public institutions and their staff can exercise the right to advance resignation Separate agreement will make it impossible for workers to pre-announce their resignation rights to cover such groups of people.Second,the statutory 30-day notice period fails to meet the substitutability of different types of workers in reality.At the same time,when the employer adjusted the work position of the secret-related laborer during the resignation notice period,it lost the direction of guidance due to the lack of clear relevant laws and regulations.Third,the legal responsibility of the worker for improperly exercising the right to advance resignation is too light.Some workers abuse the right to pre-announce their resignation and resign within the pre-announcement period without the consent of the employer.If the pre-announcement resignation violates the service period agreement,the employer cannot receive full compensation for the losses suffered.Fourth,in judicial practice,"similar cases have completely opposite results." It is urgent to form a unified judicial viewpoint in the determination of the actual termination time of the labor contract and whether the employee has the right to revoke the notice of resignation during the notice period.Regarding the above-mentioned unreasonable aspects of our country’s laborer resignation system,we can improve it from the following aspects.In particular,First,improve the scope of application of the resignation notice system.Introduce the resignation due to cause in the fixed-term labor contract;allow both parties to the part-time labor contract to negotiate on the application of the notice period for the worker’s resignation.The unreasonable system obstacles for the notice of resignation of the staff of public institutions have been removed,so that the right of notice of resignation of such personnel is protected by the labor law.Second,the setting of the notice period should be more flexible,and different notice periods should be set according to the different types of workers and working years,while leaving room for autonomy of will by both parties.At the same time,on the basis of drawing lessons from the foreign "garden holiday" system,it is clear that the employer shall clarify the specific rules for adjusting the work positions of the workers during the forecast period.Third,the legal responsibility of workers for improperly exercising the right to advance resignation is appropriately increased.Establish the principle of prohibiting abuse of the right to resign in advance,and establish a security deposit system to solve the problem of employers’ difficulty in recovering.If the employee leaves the job without the consent of the employer in violation of the forecast period,he shall pay the employer the compensation for not fulfilling the remaining forecast period.