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劳动合同的解除,是指劳动合同在订立后,尚未全部履行前,由于某种原因,合同双方或单方当事人提前终止劳动关系的法律行为,可分为协商解除、法定解除和约定解除等三种情况。在过去的劳动纠纷案件中,员工不顾单位的利益不辞而别,以及用人单位违法解除劳动合同的情形比比皆是,导致了劳资双方劳动关系的恶化。然而,在劳动争议仲裁委员会受理的劳动争议案件里,被劳动争议仲裁委员会撤销解除劳动合同的占50%以上。2008年1月1日生效的《劳动合同法》对于劳动合同的解除也做出了新的规定,加大了用人单位的退工成本。那么用人单位在今后的日常管理中,应当如何未雨绸缪,合法有效地解除劳动合同,减少不必要的劳动争议问题呢?本期我们邀请了长期致力于劳动法律实务与研究的毕振洲律师给大家就如何应对劳动合同解除所引发的争议问题提供专业意见和应对策略。
The termination of a labor contract refers to the legal act of termination of labor relations by both parties or unilateral parties for some reason before the contract is concluded after the conclusion of the labor contract. There are three types of contract: the dissolution of the contract, the statutory dissolution and the dissolution of the agreement Happening. In the past cases of labor disputes, employees ignored each other's interests in spite of the interests of the unit, and the employing units unlawfully lifted the labor contracts abound, leading to the deterioration of labor relations between employers and employees. However, labor dispute cases accepted by the Labor Dispute Arbitration Commission have been canceled by the labor dispute arbitration commission by over 50%. The Labor Contract Law, which came into force on January 1, 2008, has also set new rules on the dissolution of labor contracts, increasing the cost of leaving workers for employment. So how should employers take precautions in the daily management of the future, to lift the labor contract legally and effectively and to reduce unnecessary labor disputes? In this issue, we invited Mr. Bi Zhenzhou, a lawyer who has devoted himself to labor law practice and research, It should provide professional opinions and coping strategies on disputes arising from the dissolution of labor contract.