劳动合同单方解除的法律思考
发布时间：2018-12-12 14:42
【摘要】：劳动合同解除是劳动合同法律制度中的一个重要环节，也是劳动法上的一个重大问题，直接涉及劳动合同的效力、合同当事人的利益得失和权利的保护，容易引起纷争。特别是劳动合同的单方解除是合同一方当事人行使解除权的意志行为，，并不以对方的意志为转移，单方解除不当，就会损害对方利益，破坏合同的效力和尊严。我国《劳动法》关于劳动合同的解除规定了9个条文，其中8个条文是关于单方解除问题的，足见劳动立法对劳动合同单方解除的重视程度。 本文运用比较分析的方法，对劳动合同单方解除制度的基本理论问题作了较为全面系统地分析研究。第一部分探讨了劳动合同单方解除的概念、分类及其立法意义，重点比较了几组与劳动合同单方解除有关的概念；第二部分从劳动者单方预告解除制度和劳动者单方即时解除制度两方面，对劳动者单方解除劳动合同的法律制度作了研究；第三部分从用人单位单方预告解除制度和用人单位单方即时解除制度两方面，对用人单位单方解除劳动合同的法律制度进行了探讨；第四部分就现行单方解除体制存在的缺陷，提出了单方解除体制的对策和建议。 随着我国经济体制改革的深入以及WTO的加入，我国的劳动用工制度也在发生变化，怎样发挥市场机制在劳动资源的配置作用，维护劳动关系的稳定性和合理流动性，在倾斜保护劳动者利益的同时，平衡劳动者和用人单位双方的利益，是一个值得研究的课题。作者希望本文粗浅的分析能对劳动合同单方解除存在的种种问题的研究有所裨益。
[Abstract]:The rescission of labor contract is an important link in the legal system of labor contract, and it is also a major problem in labor law. It is directly related to the effectiveness of labor contract, and the benefit of the parties to the contract and the protection of their rights are liable to cause disputes. Especially the unilateral rescission of the labor contract is the will of one party to the contract to exercise the right of rescission, which is not transferred by the will of the other party. If the unilateral termination is improper, the interests of the other party will be damaged, and the validity and dignity of the contract will be damaged. The Labor Law of our country stipulates nine articles on the termination of labor contract, of which 8 articles are about unilateral dissolution, which shows the degree of attention paid by labor legislation to the unilateral termination of labor contract. By means of comparative analysis, this paper makes a comprehensive and systematic study on the basic theory of the unilateral rescission of labor contract. The first part discusses the concept of unilateral termination of labor contract, classification and legislative significance, focusing on the comparison of several groups of concepts related to unilateral termination of labor contract; In the second part, the author makes a study on the legal system of unilateral rescission of labor contract from two aspects: the system of unilateral notice of rescission and the system of immediate rescission of laborer; The third part discusses the legal system of unilateral rescission of labor contract from two aspects: unilateral notice rescission system and immediate rescission system. In the fourth part, the author puts forward the countermeasures and suggestions on the current unilateral lifting system. With the deepening of China's economic system reform and the entry of WTO, China's labor and employment system is also changing. How to give full play to the role of market mechanism in the allocation of labor resources and maintain the stability and reasonable mobility of labor relations. It is worth studying to balance the interests of both workers and employers while protecting the interests of workers. The author hopes that this paper can be helpful to the study of the problems existing in the unilateral termination of labor contract.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D922.5
本文编号：2374758
[Abstract]:The rescission of labor contract is an important link in the legal system of labor contract, and it is also a major problem in labor law. It is directly related to the effectiveness of labor contract, and the benefit of the parties to the contract and the protection of their rights are liable to cause disputes. Especially the unilateral rescission of the labor contract is the will of one party to the contract to exercise the right of rescission, which is not transferred by the will of the other party. If the unilateral termination is improper, the interests of the other party will be damaged, and the validity and dignity of the contract will be damaged. The Labor Law of our country stipulates nine articles on the termination of labor contract, of which 8 articles are about unilateral dissolution, which shows the degree of attention paid by labor legislation to the unilateral termination of labor contract. By means of comparative analysis, this paper makes a comprehensive and systematic study on the basic theory of the unilateral rescission of labor contract. The first part discusses the concept of unilateral termination of labor contract, classification and legislative significance, focusing on the comparison of several groups of concepts related to unilateral termination of labor contract; In the second part, the author makes a study on the legal system of unilateral rescission of labor contract from two aspects: the system of unilateral notice of rescission and the system of immediate rescission of laborer; The third part discusses the legal system of unilateral rescission of labor contract from two aspects: unilateral notice rescission system and immediate rescission system. In the fourth part, the author puts forward the countermeasures and suggestions on the current unilateral lifting system. With the deepening of China's economic system reform and the entry of WTO, China's labor and employment system is also changing. How to give full play to the role of market mechanism in the allocation of labor resources and maintain the stability and reasonable mobility of labor relations. It is worth studying to balance the interests of both workers and employers while protecting the interests of workers. The author hopes that this paper can be helpful to the study of the problems existing in the unilateral termination of labor contract.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D922.5
【引证文献】
相关期刊论文 前1条
1 朱丽;;用人单位即时解除劳动合同制度探析[J];黄冈师范学院学报;2010年05期
相关硕士学位论文 前1条
1 蔡力铮;劳动合同单方解除制度研究[D];中国政法大学;2008年
本文编号：2374758
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