Research On Legal Problems Of Laborers’ Unilateral Termination Of Labor Contracts

The unilateral termination of labor contract is not only related to the labor freedom of workers,but also related to the legitimate rights and interests protection of employers.The system of unilateral termination of labor contract in our country gives the right of unilateral termination of labor contract to workers and employers under the value orientation of protecting workers’ rights,realizing the substantive fairness between workers and employers,protecting workers’ labor rights and promoting social and economic development.However,with the continuous development of social economy,there are a series of problems in the process of application of unilateral termination of labor contract,such as unclear scope of labor,too large scope of application of termination of labor contract in advance,rigid period of advance notice,vague conditions for immediate termination of labor contract and Application of compensation liability for illegal termination of labor contract There are limitations,etc.Through the analysis of these problems,as well as the study and comparison of foreign laws,the author believes that the above issues should be addressed to improve the unilateral termination of labor contract.To clarify the scope of the main body of the application of unilateral termination of labor contract by workers,to limit the scope of the application of the termination of labor contract by workers without cause,to set up a more flexible period of notice,to allow employers and workers to agree on the period of notice within the legal scope,to clarify the conditions for the immediate termination of labor contract by workers,and to establish the responsibility system for the illegal termination of labor contract by workers To improve.Let the system of unilateral termination of labor contract play a better role and promote the harmony and stability of labor relations.