Research On The Issue Of Application Of Pre-announcement Of Resignation

The Labor Law of our country protects the interests of workers,employers,and social public interests,but it focuses on protecting the interests of workers.This can be seen from the legislative purpose of the current labor law and labor contract law.The notice of resignation system is a product of the principle of inclined protection.Based on the social reality of "strong capital and weak labor",the law grants workers in a disadvantaged party the right to announce the termination of the labor contract without providing any reason.This is in sharp contrast to the many restrictions that employers have to dismiss workers.Although it is a statutory right,the exercise of the right by the worker will break the stability of the original labor contract,and take a series of problems such as tension in the employment relationship within the user unit.In order to protect the interests of the employer,The law requires workers to bear certain obligations when exercising this right,that is,to meet the two procedural requirements of "30 days in advance" and "notice in writing".However,relevant legal regulations and judicial interpretations do not provide specific criteria for determining the above procedural requirements.Not only that,the employer should bear the legal consequences for losses caused by the worker’s resignation if the employee did not fully perform the obligation of advance notice.The Labor Law only stipulates that the employee shall bear the liability for compensation,and the method of compensation,the scope of compensation and the method of calculating the amount of compensation are all not clear.Therefore,in judicial practice,the courts have encountered certain difficulties and disputes in the judgments and trials of the above-mentioned related cases.This thesis takes the collected judgment documents as an example,summarizes the controversial focus of related cases,and analyzes the court’s application of the right to advance resignation of laborers in combination with relevant legal theories.The article will roughly sort out the legal facts and legal consequences of the workers’ notice of resignation,and select three of the legal application issues to explain separately below.Judging from the judgment cases,the court’s application of the advance notice of resignation system can be divided into procedures and the legal consequences of notice of resignation.The article selects the controversial notice period system in the procedure for notice of resignation for judgment combing and analysis,including the legal effect of agreement of the advance notice period and the issue of whether the employee’s advance notice of resignation can be revoked during the notice period;secondly,in conjunction with the provisions of legal liability,the legal consequences of the employer’s losses caused by the employee’s resignation in violation of legal procedures shall be sorted out and discussed.Regarding the legal effect of the advance period agreed upon by the employer and the employee.By combing through the disputes in the scientific community and the differences in the court’s determination of the validity of this type of agreement,the article suggests that judicial practice should start from the validity and invalidity of the labor contract to determine the legal effect of the extension of the notice period,which mainly includes the subject’s qualification,the form is legal,the conclusion procedure is legal,the contract content is legal,and the intention is true.The article expresses the truth as the worker’s will,the pre-announcement agreement does not exclude the laborer’s right to resign and the agreement does not violate the mandatory provisions of laws and administrative regulations as the focus of the demonstration,and it is determined that the pre-announcement behavior is valid.Regarding the issue of whether workers can revoke the pre-announced resignation behavior.The academic circles agree that the worker’s resignation notice is irrevocable.However,in judicial practice,some courts believe that the worker’s resignation does not take effect after the worker has fulfilled the notice obligation,so the worker can revoke it.By combing the differences in judicial practice,the article starts with the legal attributes of the right to pre-announce resignation and the basic principles of good faith,and demonstrates that workers cannot revoke their resignation during the pre-announcement period.Regarding the issue of the compensation liability that the worker shall bear for resigning in violation of the law.Because the Labor Contract Law does not provide specific regulations on the compensation liability of workers,the article analyzes the three requirements of the laborer’s resignation in violation of the law,the employer’s losses,and the existence of a causal relationship between the two.On this basis,by following the principle of compensation,limiting the scope of compensation,referring to the laborer’s degree of fault,wage level and other related factors,and determining the calculation method of the compensation amount,the laborer’s liability for compensation can be reasonably determined.