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Study on the System of the Unilateral Termination of the Labor Contract by the Worker

Author: XiaTian
Tutor: DuJiangYong
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Labor Contract Unilateral Advance Cancel Unilateral immediate termination
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 111
Quote: 0
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Abstract

The link between labor contract as workers and employers, is the establishment of the labor relations between the parties, clear the basis of the rights and obligations of both sides, the system design is reasonable or not, is related to the interests of both protection. Practice, the employee unilaterally terminate the labor contract, as workers rights in full accordance with their own wishes is, is extremely prone to disputes, if not handled properly, will not only damage the interests of the employer, and eventually will endanger the interests of the workers. 2007 China's Labor Contract Law \research. Laborers on China in order to unilaterally terminate the labor contract system, improve the benefit to achieve the goal of moderately sloping to protect the legitimate rights and interests of workers and the interests between the two sides balanced labor relations body, thus building a harmonious labor relations. The paper is divided into four sections of about 33,000 words: the first part: laborers unilaterally terminate the labor contract system, the basic theory. Introduced the concept of legal labor contract unilaterally terminate characteristics and classification, and related concepts, comparative analysis, and discusses the theoretical basis of the system and the value of the target. Part II: the relevant legislation of foreign countries or regions, and Analysis. Relevant legislation on foreign countries, the two aspects of lifting and laborers from the workers' side in unilaterally terminate the labor contract immediately introduced and assessment, in order to draw some valuable experience. Part III: China's laborers unilaterally terminate the existing legislation and the problems of the labor contract system. Discusses the relevant legislative status quo of our country and the problems. Lifted on one side of workers, mainly related to the behavior of the qualitative, the extent applicable, authorized fairness, the notice period set, liability and practice problems. The immediate termination of the employee unilaterally, mainly related conditions to determine standards, lack of procedures and the responsibilities of the employer. Part IV: China's laborers unilaterally terminate the labor contract system of perfect. Unilaterally terminate the labor contract system exists for our workers, and learn from foreign experience on the basis of the suggestions for improvement. Specifically, is required from workers unilaterally terminate the labor contract two main situations that lift and unilateral unilateral notice immediate lifting of these two aspects of the system of perfect. For the former, improve measures: the behavior clear qualitative, recognized as lawful; its scope is limited to a labor contract without a fixed term; introduced the concept of the legislation to protect workers stratified; following the lifting of the conditions for a strong labor The distinguish and vulnerable workers; setting reasonable notice period; perfect liability; made a final decision on the effectiveness of the service and Waiver practice. Workers stratified the introduction of legislation to protect the concept of particular note. For the latter, the main measures: the criteria for judging the perfect laborers exercise unilateral immediate right of cancellation; improve relevant applicable procedures; additional employer liability for breach of contract.

Study on the System of the Unilateral Termination of the Labor Contract by the Worker

Abstract

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