用人单位单方解除劳动合同的风险规避

The risk prevention of unilateral termination of the labor contract by employers

《中华人民共和国劳动合同法》旨在对社会主义劳动者进行倾斜性保护,严格限制用人单位的解除权,保障劳动合同履行的稳定性,引导和鼓励用人单位与劳动者建立无固定期限劳动合同.但是,在当前中小企业快速发展的大环境下,也存在用人单位对法律规定理解偏差、对自身内部规章制定疏忽等原因,而导致用人单位在解除劳动合同时反而陷入极大的法律风险中.

The labor contract law of the People’s Republic of China aims to provide preferential protection for socialist laborers,strictly restrict the right of employers to terminate labor contracts,ensure the stability of labor contract performance,and guide and encourage employers to establish open-ended labor contracts with laborers.However,in the current environment of rapid development of small and medium-sized enterprises,there are also some reasons such as employers’misunderstanding of legal provisions and negligence in the formulation of their own internal rules and regulations,which lead employers to fall into great legal risks when the labor contract is terminated.Therefore,this paper will put forward Suggestions on matters needing attention in the process of unilateral termination of labor contract by employers,so as to avoid legal risks in unilateral termination.