On the Determination Criteria and Normative Path of Just Reasons for Employees'Leave
The essence of leave in employment relationship is the non-fulfillment of labor-providing obligations with just reasons.The theoretical basis for determining the just reasons for leave is whether there is the possibility of expectation for performing labor-providing obligation.Overall,the general rule on determine the just reasons for leave concerns the hierarchy of rights and obligations,the principle of proportionality and the balance of interests in individual cases.Specifically,the determination of just reasons for leave can be categorized into two situations:the conflict between the labor-providing obligation and the employee's rights,and the conflict between the labor-providing obligation and the employee's other obligations.As for the normative path of just reasons for leave,on the one hand,in the field of labor contract law,it is necessary to follow the normative mode of being from general to special in terms of the exemption of labor-providing obligation,and to adopt an exemplary and open approach in terms of just reasons for the exemption of labor-providing obligation so as to ensure the flexibility of regulations in the context of social changes;on the other hand,in the field of labor standard law,it's necessary to refine the leave categories,emphasize on women's equal rights,implement the concept of work-family balance,strengthen the employer's obligation to grant leave and improve the diversified mechanism of sharing labor costs during leave so as to promote the actual enjoyment of employee's right of leave.
Reasons for LeaveDetermination of Justificationthe Balance of InterestsNormative PathHierarchy
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