Research On Legal Issues Of Workers' Notice Of Resignation

Under the background of the continuous development of the domestic market economy,the productivity level of our country is continuously increasing and the economy is developing rapidly.At the same time,the ability of most workers to create wealth has been greatly enhanced compared with the past,and their income level is rising day by day.After the improvement of the economic situation,the work consciousness of the workers has gradually changed,and they now pay more attention to their own development opportunities,instead of the old era workers who advocated the "iron rice bowl" in the past.It is hard to see that workers have worked in the same enterprise or unit for decades or for a lifetime.Job-hopping has become a hot topic in modern labor relations.As the laborer is in a relatively weak position relative to the employing unit,the legislation gives the laborer the right of premonitory resignation on the basis of preferential protection.Premonitory resignation right is very important to laborer,it can balance the interest relation between unit of choose and employ persons and laborer.The existence of the right of premonitory resignation brings a lot of convenience to the laborer,which is conducive to the realization of the freedom of employment.Premonitory resignation greatly improves the status of the laborer,and it also has a certain say in the conclusion of the labor contract,promoting the two-way choice between labor and capital,rather than passively accepting the conditions of the employing unit.In reality,if the laborer removes the labor contract in advance with the consent of the employing unit,many laborers will not be able to leave their jobs smoothly and have to continue to work in the employing unit.Of course,their legal rights and interests are not protected by law.Give laborer the freedom of premonitory resignation adequately,have very important meaning to laborer.However,the exercise of any right should have a degree,to exercise in the corresponding reasonable boundaries,once the exercise of excessive will cause the abuse of the right.Therefore,the necessary reasonable restrictions on the premonitory resignation,but also the law should be allowed.Since Article 31 of China's labor release,the labor legislation clearly stipulates the laborer's premonitory resignation,the dispute of theory bound and practical bound had not stopped.Both the legislature and the judiciary have encountered a number of difficulties related to the premonitory resignation.These problems may seem simple on the surface,but in fact they are difficult to operate.Looking through the existing literature and judicial cases,we can easily see that there are still some differences in understanding and understanding of relevant issues,so it is necessary to further study.From the Angle of legislation and judicature,this paper will explore the problems existing in the system of premonitory resignation of Chinese workers.The main problem in the legislation is that the labor legislation for the legal provisions of the premonitory resignation is too simple,not detailed enough,caused the scope of the premonitory resignation is too broad and the notice period is too simple,the current legislation of the related provisions of premonitory resignation already can not adapt to the fast development of the labour market,we should be proper adjustment and perfected its to change this situation of premonitory resignation;The main problem in judicature is to clarify whether the premonitory resignation can be revoked after the exercise and to determine the effectiveness of the restrictions on the premonitory resignation.To make up for the defects existing in our current laws and regulations,in order to solve the problems of premonitory resignation existing in the judicial practice,on the one hand,we can from the legislation of trailer's resignation,perfect the relevant regulation in labor legislation,such as,the applicable scope of the clear warning to resign to type and length of work laborer set different notice period;On the other hand,we can improve from the judicial path,such as clear premonitory resignation related to the revocation of the effect and the effect of its restrictions.Only by constantly improving the system of labor premonitory resignation can we truly establish a harmonious and stable labor relationship and better realize the legislative purpose of setting up premonitory resignation.