Systematic Interpretation of the Legal Nature of Resignation Notice from the Perspective of Term Interest
The labor law in our country has established the complete form of labor contract termination by workers-confirmation,constraint and responsibility mechanism.However,due to the ambiguity of the legal nature of resignation notice,the judicial practice and theoretical research lead to confusion about the termination time of labor relations,as well as the disputes about the nature of the employer's act to cancel or terminate the labor contract in advance during the notice period.The clarification of the legal nature of resignation notice is the first and basic issue.Resignation notice has a two-in-one but biased legal interest structure,and the employer's term interest constitutes a form of restriction on the employee's resignation freedom.Whether the employer claims term interest or not corresponds to the type of response behavior.Therefore,the systematic interpretation path of the legal nature of the resignation notice is as follows:If the employer claims the term interest,the labor relationship still remains valid during the resignation notice period.The worker must perform the labor contract until the expiration of the 30-day period.The legal nature of the resignation notice is the right of formation with a time limit.If the employer gives up the term interest,the labor relationship is terminated immediately without waiting until the expiration of the 30-day period,and the legal nature of the resignation notice is transformed from notice of termination to immediate termination through negotiation between the worker and the employer.
resignation noticeterm interestthe right of formation with a time limitimmediate termination by negotiation
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