Study On The Legal Issues Of The Right Of Unilateral Rescission Of Labor Contract

Among the numerous economic relations in modern society,labor relations are the basis of these relations.Labor relations are also the basis of theoretical research and major issues in legal academia,as well as the direct reflection of human practical activities and related problems in real life.Engels pointed out in Das Kapital that the relationship between capital and labor is the axis of our whole modern social system.Labor relations in the form of labor contract legal relationship shows its content,labor contract itself is often the core of labor relations related issues.The perfection of labor contract related legal system is related to the healthy operation of market economy,and there are still some disputes in practice."Labor Contract Law" stipulates the right of both labor and capital to unilaterally terminate labor contract,and clearly "protect the legal rights of labor".The labor unilaterally rescinded labor contract is basically unrestricted,and the employer rescinded labor contract is strictly restricted.This situation of slanting protection of laborers is formulated under the circumstances of the "demographic dividend" period in our country and the difficulty for laborers to find work,it is balanced that both labor and capital are in the pattern of "capital strong,labor weak".At present,Chinese economic growth tends to be normal,population structure tends to be aging,the relationship between labor market and labor market is gradually adjusted,this adjustment,workers more and more gain advantages,especially professional and technical talents.Based on this,this paper starts from the basic provisions and existing problems of the unilateral termination right of the laborer and the employer,uses the tools of case retrieval and analysis,mainly focuses on the case analysis of the unilateral termination right of the laborer and the employer in Articles 37 and 39 of the Labor Contract Law,and combines the problems reflected in the judgment status of labor dispute cases.By learning from foreign experience on unilateral termination of labor contract system.As for the problems that the labor’s right to cancel the notice is in conflict with the term of the labor contract,and the term of the notice is too simple,it is suggested that the scope of the labor’s right to cancel the notice should be limited.The 30-day notice period will be a general rule,and different notice periods will be designed according to different positions and working ages of workers,so as to clarify the legal liability of workers who abuse the right to cancel the notice within the term of the labor contract.As for the obstacles in the exercise of the right of unilateral termination by the employer,specific and objective internal rules and regulations can be formulated to refine the conditions of the right of unilateral termination,so that the employer has a clear basis for the exercise of the right of unilateral termination.Through the above suggested measures,to solve the contradiction between workers and employers in the practice of unilateral termination of the right to find a balance between the interests of the two sides,so that the labor relations between workers and employers get a good development.