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On the Favorable Allocation of Legal Rights in China's Labor Contract Termination System

Author: PengYa
Tutor: WangXia
School: Xiangtan University
Course: Economic Law
Keywords: on the favorable allocation of legal rights the labor contract terminationsystem the freedom of contract the government responsibility
CLC: D922.52
Type: Master's thesis
Year: 2013
Downloads: 167
Quote: 0
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Abstract


Rescission of labor contract in China is a system of preferential allocation ofrights. It is divided into rescission of a labor contract by agreement, rescission of alabor contract on labor’s laborunilateral will,and relief system employing unitlimits.The the Labor Contract Termination System attempt to get the such incentiveeffect through the favorable allocation of legal rights:The stability of the employeroccupation, Alleviate employment pressure and the employing units compensateworkers for unemployment economic loss through the system of economiccompensation. But.as the employing units who lose there interests to make reaction,workers who have Strong negotiation skills have moral risk,leading to unemploymentof the marginal workers, And even induce the employer layoffs storm.Fundamentally,the lack of systematic analysis on the favorable allocation oflegal rights in the labor contract termination system lead to it’s itmotivation dilemma.Theory on the favorable allocation of legal rights is the most important Theoreticalsupport of tilt legislation, include three aspects: tilt legislation, Protection of weakgroups, the government responsibility. The reserch of tilt legislation is particularlyimportant,we should conside such five factors:the range legal protection object; thedegree of inequality; ethical risk of the legal protection object; the behavior of therestricted object; potential benefits damaged object. To be specific.it’s mainly in thefollowing reasons:firstly, the range of legal protection object is too lather sweeping.Indetermining tilt protection object in the labor contract Termination System, should befirst determined the essence of the laborer from whole, works with strong abilityshould not be regarded as tilt protection object.then, make a division of benefitprotection object based on the their labor ability.Second, the lack of economicanalysis.opinions of enterprise have been ignored. Workers were lack of voice.andlegislation was under the pressure of public opinion. Finally, enterprise took on toomuch responsibility and the government bear little responsibility.The spirt of the"freedom of contract" in other countries worth learning,it provideimportant resources for the perfection of our system of terminating labor contract. Weshould take the following measures to promote the dissolution of labor contractsystem in the appropriate allocation of rights.It should not force the employer to payeconomic compensation under the agreement to terminate the labor contract.Weshould perfect the notice period system under the rescission of a labor contract byagreemen.Small companies do not apply the system of the arbitrary dissolution.Weshould relax the employer’s right to unilaterally terminate under the system ofemployer unilaterally terminate the labor contract. Finally, improve the functions ofthe government is also an important content of perfecting the labor contracttermination system.

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CLC: > Political, legal > Legal > Chinese law > Labor Law > Labor Contract Law
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