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The Exploration of Resignation Right

Author: JiLinZuo
Tutor: HuDaWu
School: Southwest University of Political Science
Course: Legal
Keywords: labor right resignation right instant resignation right premonitory resignation right
CLC: D922.5
Type: Master's thesis
Year: 2010
Downloads: 172
Quote: 2
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Abstract

The right of resignation is a fundmental human right and a derivative one of labor rights, which embodies the freedom of labor. The realization of the right of resignation reflects the protection of the laws for labor’s basic human rights. Meanwhile it is the necessity of the development of social economy and mobility of talented personnel.The right of resignation stipulates that the labors have the legal right to terminate the legal nexus with the employers one sided. It is made up of maid body, content and procedure, divided into resignation right and premonitory resignation right. Resignation right has a special meaning in the system of labor rights. Firstly, it enriches and improves the content of labor right. It usually means the disappearance of the present labor relationship and the birth of new labor relationship, so the implement of resignation right is the joining point between the new and old labor relationship. Secondly, the right of resignation meets many limitations in practice. If there is no actual protection for labor resignation right, it equals to the deprival of the labor’s freedom of choosing career. Lastly, the resignation of labors tends to lead to a series of results, such as the companies have to find new replacements, revise and adjust or give up some of the operating plans.It is worthwhile for us to study and learn some useful experience from the lawmaking of other countries in resignation right. As to the technology of lawmaking, we can adopt the method of generalization and enumeration. As to the procedure, we can decide the herald date according to different talents, posts and working hours, so as to keep balance between the privies. As to the range of contract termination, we can expand the situations and rights of instant contract termination for labors in order to limit the companies misuse advantages over the labors and strengthen the labors’status. As to the ensurance of contract termination, the foreign laws’regulations are concrete and specific. As to the damage and loss to the terminated labors, The companies should undertake the responsibility, to make sure the legal rights of labors.So far, the research of resignation right in the labor jurisprudential circle has made a deepgoing way in some aspects, only seeing the surface phenomena, which leads to the neglect of signation right in practice, so the legal rights of labors can’t get the relevant maintenance. So we should attach importance to the deeper research and proctection of labors’resignation right, so as to get the basic ensurance of labors’resignation right. The legal ensurance of our nations’current system to resignation right has some defects. Meanwhile, it is easy to abuse resignation right. It is important to keep a balance between the protection and prevention of abusement of labors resignation right. This paper analyzes the concept of resignation right, basic legal principle, classifying unscramble, limitations on rights, and flaws and improvements of lawmaking, which intends to do my bit to the improvement of our nation’s resignation rights under new circumstance.

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