The Study On The Immediate Unilateral Termination Of Labor Contract In China

The immediate unilateral termination of labor contract is an important part in the termination of labor contract. As its relation to workers source of livelihood and right of free labor as well as employer’s normal order of production, operation and management, it occupies a pivotal status in the labor legislation. However, with the change of China’s labor relations from permanent employment to labor surplus and then to the coexistence of difficult employment and labor shortage, the relationship of labor has entered a new era. The limitations of the statutory laws such as Labor Law and Labor Contract Law have become more and more evident over time. Therefore, these laws cannot continue to meet the requirements of the complex and ever-changing situation.There are totally four parts in this thesis. In part one, starting from the basic theory and classification on labor contract and the termination of labor contract, the theory of the unilateral termination of labor contract as well as the legal characteristics and the development on the immediate unilateral termination of labor contract were discussed. Based on China’s legal regulations of the immediate unilateral termination of labor contract, compared with the labor law system in other countries, the legal conditions and procedures of the immediate unilateral termination of labor contract in our country and other countries were separately introduced in part two according to the existence of fault and the subject exercising unilateral termination. In part three, the controversies within our country’s immediate termination of labor contract system were analyzed, and its deficiencies were pointed out from the aspects of profit protection between both sides, legal provisions, statutory circumstances, legal consequences and responsibilities. In part four, for the existing drawbacks within our country’s current immediate unilateral termination of labor contract system, in order to balance the interests of both employees and employers, the legislative proposals were put forward from the point of protecting the worker’s related rights and interests and appropriately considering the employer’s actual situation. The legal suggestions were given on standardizing the legal provisions and adding restrictive procedures of the immediate termination of labor contract.