Research On Employer’s Unilateral Termination Of Labor Contract

The application of the law for unilateral termination of labor contracts by employers is the focus of labor dispute cases.China’s unilateral termination of labor contracts by employers is stipulated in the "Labor Law",and the "Labor Contract Law" promulgated in 2008 provides relevant provisions on the former.Supplements and improvements have been made,but at the same time there are deficiencies and omissions.From a macro perspective,the current law does not establish a general principle for the employer to unilaterally terminate the labor contract,which makes the labor law excessively tilt the protection of labor in the application process;From a micro point of view,the current labor law adopts a closed enumeration for the unilateral termination of labor contracts by employers.It is limited to a few specific circumstances that can exercise unilateral termination rights.With the changes of the times,it is unable to flexibly respond to the emergence of the employment process.The various new problems caused by the employers’ exercise of unilateral termination rights are poor,and in judicial practice,labor disputes between the two parties are endless.This article will analyze the status quo of my country’s labor legislation by exploring the relevant theories of the employer’s unilateral termination right,explore the shortcomings of my country’s employer unilateral termination of the labor contract system,and put forward the unreasonable aspects of the existing regulations.After asking questions,learn from the excellent foreign legislative experience to supplement the provisions of my country’s labor legislation concerning the exercise of unilateral right of termination by employers,further build harmonious labor relations,and improve related systems.This article divides the main text into four parts to elaborate on the topic:The first part mainly elaborates the concept and characteristics of the employer’s unilateral termination of the labor contract,analyzes the definition of each concept,and lists and analyzes the different types of the employer’s unilateral termination of the labor contract,which lays the foundation for the subsequent understanding of its related systems.The second part is the legal basis for the employer to exercise the unilateral right of termination.Through the in-depth theory,we can determine the ought of the law,explain the ought of the law,sort out related theories,and pave the way for the next part to explore related issues.The third part is the current status and existing problems of my country’s legislation on unilateral termination of labor contracts by employers.This part adopts specific provisions on China’s "Labor Law" and other relevant laws,expounds the status of my country’s legislation on the conditions for unilateral termination of employers’ right to terminate,and establishes from this article Proceeding from the theoretical basis of this article,it analyzes whether there is an imbalance in the provisions of my country’s labor legislation,proposes the deficiencies of the current laws,and analyzes the reasons for the deficiencies and defects.The fourth part is to improve our country’s labor legislation by drawing on the experience of foreign legislation.This part intends to learn from the legislative models of the United Kingdom,the United States,Japan,and Germany to unilaterally dissolve the system,to learn from other countries’ systems,and to gain a foothold in the third On the basis of some of the problems mentioned in this article,combined with the theoretical basis of this article,we propose perfect suggestions for the deficiencies in the labor law of our country regarding the unilateral termination of labor contracts by employers.