国外单方解雇权的规制及对我国的启示

Regulation on the Unilateral Dismissal of Foreign Employers and Its Implications for China

对雇主单方解雇权的规制因解雇自由曾长期倍受推崇而遭到各国立法与理论的漠视。随着时代的发展,为保护广大劳动者的合法权利,各国立法逐渐重视对雇主单方解雇权的规制,也因此形成了各自的立法模式。就我国现行法相关规定而言,对用人单位单方解除劳动合同的规制也存在一些问题,因此探析我国现行法规定的缺陷,借鉴国外先进立法经验予以完善则显得尤为必要。

Some regulations of unilateral dismissal of employers have been ignored due to firing freedom is highly respected for a long time in some countries. With the development of the Times, regulations on unilateral dismissal of employers, in order to protecting legal rights of employees, have been emphasized increasingly in lawmaking of some countries, so as to developing several legislation models. In today＇s China, there are some problems have been existing in the regulations of unilateral dismissal of employers. So, it is of particularly necessity to analyzing shortcomings of current laws and improvement on condition of learning from foreign advanced lawmaking experiences.