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我国劳动立法遵循国际惯例引入辞职制度,并将劳动者辞职权区分为预告辞职和即时辞职,规定了不同的条件和程序。但受社会经济条件及劳动力市场特点的影响,我国劳动者辞职制度在立法阶段即饱受争议;从实施效果看,现行辞职权立法在法理塑造、制度设计方面确实存在一些缺陷,从而导致劳动者滥用权利现象日益增多。因此,有必要根据劳动力市场变化情况,适时矫正立法理念,不断完善相关法律制度设计。
China’s labor legislation follows the international practice of introducing a system of resignation and divides the right of resignation of workers into notice of resignations and immediate resignations, setting out different conditions and procedures. However, due to the social and economic conditions and the labor market characteristics, the system of employee resignation in China is controversial at the legislative stage. From the perspective of implementation effect, the existing legislation on resignation right does have some defects in legal system construction and system design. As a result, The abuse of rights is increasing. Therefore, it is necessary to correct the legislative concept in a timely manner in accordance with changes in the labor market and constantly improve the design of relevant legal systems.