Research On Restrictions Against Dismissal Right

Any construction of a system is a huge project. In the process of constructionthere will have fierce collision of different viewpoints, the game of contrarystakeholders and the conflict of varied values. Dismissal protection system embodiesthe concept of tilting protection of labor legislation on employees, which is abalancing of the conflict on the labor rights of the employee and the employer’s rightto exist. Through the system design principles of tilt protection, reduce the employerand the employee based on unreasonable inequality causd by the loss, includingeconomic benefits and social interests. This is just to realize the compensation systemfor vulnerable groups.At the beginning of twentieth Century, the idea of communal law graduallyintegrated into the labor contract law. The dismissal theory has experienced theevolution of theory:free dismissal,prohibiting dismissal right abuse, and just causedismissal.The government began to give the employer a public law obligation, whichjust in order to protect the interests of the employee. This shows surpass of thecommunal law over the traditional civil law, and dircetly supports the validity of thelabor law’s protection of employees.The protection of the basic survival right ofemployees provides sufficient explanation for the reasonable limit to the employer’sright to fire. We should consider which one should be protect firstly between justiceand efficiency, and also how to balance the two.The legislation of labor contract has reformed the system of restriction ondismissal right in China internally and externally,which has triggered the academicdispute about moderation of restriction on dismissal right.And now the scholars allhave different opinions.The controversy in theory about restriction level on dismissalright is the nature’s reach of dispute on labor contract purpose of legislation,and itsessential issue is how much restriction should be exerted on dismissal virtually.In thecomplicated mode of restriction on dismissal right all over the world,the restrictionmode with employment-at-will exception in America and the strict restriction mode inGermany are the two typical contrary modes. We can’t determine which one is better.But the dismissal cause,dismissal procedure and dismissal pay are the basicelements of restrictions on dismissal right,which have some usefull points onrestriction on dismissal right.For firing limits system in China, from the perspective of inclined to protect theinterests of the laborer, unit of choose and employ persons the right to fire in applyingfire reason of unit of choose and employ persons, firing procedures and dismissalcompensation restrictions make exercising employer’s dismissal right morespecification. But according to the analysis of legislation pursues social effect ofseveral system design of labor legislation in our country, actual worth checking. Onthe limitation of dismissal system, therefore, our state should set a reasonable goal,closely surrounding the dismissal of the substantive and procedural elements ofmoderate reform, building dismissal right limit system suitable to China’s actual needs.This makes the less improper firing behavior and really protect the lawful rights andinterests of workers.