On The Right Of Resignation Of Chinese Labor

Article 42 of the constitution stipulates that Chinese citizens enjoy the right and obligation to work,and the state should continuously improve working conditions and improve welfare benefits for laborers.Labor right refers to the right of citizens who have the ability to work to receive labor remuneration according to their efforts under certain working conditions and opportunities.The right to work is the foundation for the realization of other basic rights.The rights of laborers in China mainly include the right to equal employment,the right to choose a job independently and the right to obtain labor remuneration.The right to resign is an important embodiment of the right to choose a job independently.As a derivative right of labor right,we should protect the freedom of workers to choose jobs.The labor contract law of the People’s Republic of China promulgated in 2008 is a labor law in the traditional sense,which focus on protecting the unilateral termination of workers.However,under the conditions of modern market economy,there are some mighty workers,because they have mastered professional skills,abuse of the right to resign is common.Therefore,it is necessary to correct the legislative concept timely and constantly improve the design of relevant legal system.Starting from the basic connotation of resignation right and combining with the legislative status of resignation right,this paper analyzes the problems existing in the protection of workers’ resignation right in China,including the problems of the relevant legislative provisions and existing in the practice of workers’ exercise of resignation right,and puts forward corresponding views and solutions to these problems.First,the paper mainly from the connotation,nature and classification of the right to resign,explained that the right to resign is the basic right of workers.Second,this paper mainly from the exercise of the right to resign from the main body,procedures and conditions,as well as the laborer exercise of the right to resign from several aspects of the current situation of China’s legislation is analyzed,in order to find out the shortcomings of the right to resign legislation and problems in practice.Thirdly,this paper expounds the problems existing in the right of resignation in China from the two aspects of legislation shortage and the dilemma in the actual exercise of the right of resignation.Although the right to resign is one of the basic rights of the workers,but with the development of the economy and society,the behavior of the workers is increasingly serious,abuse of the right to resign is common,therefore,it is necessary to correct the concept of legislation,appropriate protection of the legitimate rights and interests of the employing units,continue to improve the design of the relevant legal system.At the same time,the phenomenon that unit of choose and employ persons violates laborer to resign right at willstill exists,we still need to perfect the regulation of this respect.Fourth,in order to make up for the lack of legislation,the author thinks that we should start with the system of advance notice,and at the same time distinguish between the types of contracts and the strength of workers,and stipulate different systems of advance notice.Allow unit of choose and employ persons and laborer to agree to forecast period inside legal permission limits on certain extent,also can stimulate bilateral enthusiasm to the greatest extent.At the same time,in order to balance the interests of both sides,the legal rights and interests of the employing unit should be properly protected while protecting the right of workers to resign,and implement the principle of honesty and credit,improve the separation system and so on,so as to safeguard the interests of the enterprise and the public.