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

The unilateral rights system to cancel labor contract is a very important link in labor contract law system, also is a major issue in labor law, directly involves the contract litigant's benefit success and failure and the right protection. Consummates the unilateral right system to cancel labor contract is not only to be helpful to the realization essence justice, protects worker's choosing profession freedom, the promotion labor force resources reasonable disposition, but also to be balance works the contract both sides litigants benefit, is helpful effectively fulfills to the work contract, the safeguard work relations harmony is stable.By comparing, the writer holds that our labor law hasn't been perfected yet, especially in the advance notification to cancel labor contract. For example, the existing law only empower a labor to resign at any time resulting in the unequal between the interests of laborer and corporation, affecting the normal adjustment of manufacturing management. Moreover, the advance notification to cancel labor contract has its own distinguishing features, it does not apply in all law contracts. As to the fixed deadline for the advance notification, the writes thinks the conditions of implementing the right should be perfected, considering the position of the laborer, the length of the contract existing and so on. Analyzing the domestic legislation on the unilateral rights system of cancellation, simultaneously, drawing references from the laws of another country, the writer gives some suggestions about how to make the legislation perfect. As a lawyer, the writer meets some practical problems about the unilateral right system to cancel labor contract, which will be good materials to discuss and useful evidence to support the opinions.