Perfecting The Unilateral Rescission System Of Labor Contract In China

The termination of labor contract is an important part of the labor contract legal system, and is also a major problem in the labor law, especially in the labor law. Labor contract Of one-sided termination If a party unilaterally relieves itself, it will damage the interests of the other party and destroy the effectiveness and dignity of the contract.

The right to terminate the contract unilaterally includes two kinds: the right to release notice and the right to terminate immediately.

Workers' right to release notice. Both the labor law and the labor contract law stipulate that workers can only notify employers in advance of their time, and they can exercise the right to terminate the labor contract unilaterally, that is, resignation. The right to relieve workers immediately. The right to immediate dismissal refers to a statutory cause. If the employee fails to act in the probation period or in the employing unit, he can notify the termination of the labor contract without notice to the employer.

Different from the unilateral rescission right of laborers, the right of rescission of employers has a special form, that is, economic layoffs.

China's labor law stipulates that the statutory permitted conditions for economic layoffs are two cases: that is, when bankruptcy is needed for statutory rectification, it is necessary to lay off workers; there is serious difficulty in production and operation, and there is a need for layoffs. The labor contract law clearly enumerates four specific cases of economic layoffs, so that the employer can not unilaterally dissolve the labor contract at will.

　　 perfect Unilateral rescission of labor contract in China system The following points need to be done:

We should strictly exercise the conditions for unilaterally relieving rights and safeguard the authority of law. According to the current labor law, it is almost unnecessary for a laborer to terminate a contract. Therefore, we should consider clearly the legal reasons for unilaterally dissolving the labor contract, prohibit the abuse of unilateral rescission right, safeguard the validity of labor contract and the authority of labor law.

We should improve the termination system for labor contracts. Set up flexible forecast period system. In order to change the period of unification of notice period to 30 days, we should consider different factors such as the main body of labor, the nature of work and the length of labor relations, and set different forecast periods, so as to make the law more flexible. Drawing lessons from foreign regulations, the termination of labor contract notice is limited to the term of labor contract with no fixed term. For a fixed term labor contract, if the contract is not due to expire or fulfil, both parties of the contract can not be relieved without authorization, otherwise the corresponding legal liability shall be borne. In principle, the right to claim succession in a labor contract is abolished.