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Four Patterns in the Evolution of Dismissal and Resignation: An Epitome of the Labor Law Regime during Forty Years of Reform and Opening Up

  • Dong Baohua EMAIL logo
Veröffentlicht/Copyright: 21. Juli 2020

Abstract

Dismissal and resignation as well as dissolution and termination are two pairs of associated and important concepts for us to understand the ending regime of China’s labor relationship. Facing the paradox in the development of labor market, these four concepts are combined with the propositions of autonomy and governance. During the era of reform, they have been combined into four types of systematical patterns: the equivalent of dismissal and resignation, the correspondence between dismissal and resignation, the opposition between dismissal and resignation, and the comparison of dismissal and resignation. From the wandering of labor law-making between “separation” and “unification,” we can see the difficulties of balancing the governance and autonomy in social law. As we are again at the crossroads of reflecting back and looking forward, investigating the logic of the evolution and historical performance of these four patterns will not only help us to better understand the current features of China’s labor market system, but also lay the theoretic foundation for its development in the next decade.


Corresponding author: Dong Baohua, East China Normal University, Shanghai, PR China, E-mail:

Professor of Law School of East China Normal University, Vice President of Chinese Social Law Research Association. This article is part of a key project, “Research on Legal Mechanisms of Treating Collective Labor Disputes,” funded by the National Social Sciences Foundation of China (Project Number: 14AZD048). Email: .


Funding source: National Social Sciences Foundation of China

Award Identifier / Grant number: Project Number: 14AZD048

Received: 2020-05-15
Accepted: 2020-05-15
Published Online: 2020-07-21

© 2020 Walter de Gruyter GmbH, Berlin/Boston

Heruntergeladen am 21.9.2025 von https://www.degruyterbrill.com/document/doi/10.1515/me-2020-0005/html
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