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劳动合同单方解除体系中劳动者预告解除权和随时解除权保障了劳动者择业自由的权利,但相应的解除制度在用人单位出资培训或提供给予劳动者特殊待遇而签订服务期协议后进一步加剧了内在矛盾。签订服务期协议的劳动者应当在特定条件下适当让渡预告解除权,同时也应当调整原有的服务期违约金制度,并以避免权利滥用为原则适当限制随时解除权的行使,以实现和谐劳动关系。
Labor unilateral termination system of labor dismissal notice and workers at any time to protect the right to freedom of choice of employment, but the corresponding system of termination of the employer-funded training or provision of special treatment to workers and signed a service agreement is further exacerbated Internal contradictions. The workers who sign the service period agreement should, under certain conditions, appropriately transfer the notice of the right of advance notice. At the same time, they should also adjust the original system of liquidated damages and appropriately restrict the exercise of the right of termination at any time in the principle of avoiding abusive use of rights, so as to achieve harmony Labor relations.