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随着经济的不断发展,用人单位和劳动之间的雇佣关系也在逐渐增多,而两者之间的矛盾也逐渐增多。劳动合同是约束劳动者以及用人单位两者行为的法律保障,确保两者能够在平等自愿的基础上建立雇用关系,明确双方的权利以及义务。而劳动合同从单方面的解除,必然会伤害其中一方的利益,所以说这是一个重大的理论问题。在解决期间,会涉及到劳动合同的效力以及双方利益等一系列的敏感问题。特别是当用人单位单方面提出结束劳动合同的时候,极容易形成劳资纠纷。本文主要从用人单位行使解除劳动合同的许可条件以及降低用人单位解除劳动合同的风险的措施这两方面进行了详细的阐述。
As the economy continues to develop, the employment relationship between employers and labor is also gradually increasing, and the contradictions between the two are gradually increasing. The labor contract is the legal guarantee to restrain both the laborer and the employer, so as to ensure that both parties can establish the employment relationship on the basis of equality and voluntariness, and clarify the rights and obligations of both parties. However, if the labor contract is lifted unilaterally, it is bound to hurt the interests of one of the parties. Therefore, this is a major theoretical issue. During the settlement, it will involve the effectiveness of the labor contract and the interests of both parties and a series of sensitive issues. Especially when employers unilaterally put forward an end to the labor contract, it is very easy to form a labor dispute. This article mainly elaborates in detail the two aspects of the employer’s exercise of the conditions for canceling the employment contract and the measures to reduce the risk of the employer to lift the labor contract.