On The Study Of The System Of Worker's Advance Notification To Cancel Labor Contract

Worker's advance notification to cancel labor contract is an important content of labor rights. The controversial in theory and practice has not stopped since Article 31 of Labor Law explicitly gave workers the right to notice of his resignation. The present paper puts forwards some ideas to improve the system of worker's advance notification to resign based on the legislation analysis of our Country and the successful experience of foreign labor legislation.Firstly, introduce the system of worker's advance notification to resign by a case. The author starts form the basic theory on the system of worker's advance notification to resign as well as the concept and the legislative tenet and significance. On this basis, the author compares to the relative concepts and researches the theory.Secondly, introduce the domestic controversy over the system of resignation. The disputes are mainly about that if the worker's advance notification to resign is breach of contract and if the abdication item of labor contract should be deemed to be valid. This section gives a summary view of the parties, and analyzes the opinions.Thirdly, introduce my opinion. This section described the view of the author about the system of worker's advance notification to resign based on the legislative present situation and analysis. The author believes that the worker's valid behavior of resignation is not breach of contract. Then the author reflects the shortcomings of the system of worker's advance notification to resign by a comparative analysis of the legislative system between Labor Law and Labor Contract Law. For example, the system applies in all labor contracts without distinction. The existing law only empowers the employee to cancel labor contract without any reason after advance notifying which results in imbalance of interests between workers and employers. Moreover, the labor law provides the fixed deadline for advance notification and so on.Fourthly, introduce other countries system of worker's resignation such as France, Japan and Singapore etc. These countries and regions all provides that the system of worker's advance notification apply solely to non-fixed term labor contract and both employers and workers can terminate the labor contract by notice. Some of them restrict the right appropriately to prevent the abuse of the right. Most of them provides the different period of advance notification according to the length of the labor relation or the nature of the different job. For example, the Taiwan region of China has the flexible regulation about the deadline for advance notification.Fifthly, propose the improvement suggestions. The author gives some suggestions about how to make the legislation perfect drawing on references from the laws of other countries. The worker's advance notification to resign should be applicable solely to open-ended labor contracts and employers can terminate the labor contract by notice during a open-ended labor contract. Besides, the labor law should provide different period of advance notification.