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If employees are willing to end the contract but labor contract has not such article about compensation and duty of employee who demits before labor contract ends. Then company will lose rights of requiring employee to take the consequences, and it is legal for employees not to pay compensation. Because employees who want demits do not need the agreement by company, companies must require the articles regulating duty and amend of employees’ breach labor contract at the beginning of contract forming
6.Conclusion
At present, China is implementing the Nation Administration Management which is different with the conception of Enterprise Management of foreign countries. The enaction of Statute has a tendency to satisfy the demand of a country, which requires enterprise to make a selective exercise not only depends on the existing statute, but also its own characteristic. Due to the late construction of China law system,comparing to those developed countries, when facing certain detailed legal problems, it is difficult to have a even definitude definition. To some extent,some enterprises will get confused about how to define the legality of enterprise management scale.
Legal problems only emerged when labor dispute aroused between employer and employee, actually, the dispute has existed when labor relationship firstly builds. Therefore, it is vital for enterprise to nip in the bud. It is not easy to solve the labor legal relationship between employer and employee, from my point of view, it is a systems engineering, including two areas, one is enterprise’ abstract management behavior, mostly in the person of the enaction of enterprise’ bylaw such as the endorsement of labor contract and implement of relative system; another is when bringing into detailed management behavior, there are sufficient fact and statute which can act as a law barrier to protect enterprise when the occurrence of labor dissension, such as labor handbook.
JV or WFOE was established in Shanghai and doing business in China, and hiring and managing Chinese staff. Manager not only knew correlative law and regulation of PRC, but also consider above some challenges of employment. Necessarily, enterprise needs an employment counselor working in employment process, and can give manger right advise for protect benefit and rights of enterprise. Otherwise, establish Trade Union is advantageous way in operation during, because Trade Union can became a bridge between company and staff or government.
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