Research On The Legal Regulation Of The Final Elimination Mechanism

The“forced ranking”system asa human resourcesmanagement system,can effectivelymotivate employees,optimize performance,savelabor costs,a large number of being used in humanresource management,but in with the special working conditions and labor management mode of our country,it acclimatized;First of all,in the strict legal system framework of "labor contract removes standard" in our country,The “forced ranking” system is facing the risk of illegal,The Supreme People's Court has clearly pointed out that the "bottom" does not mean "incompetent",the employer unilaterally terminates labor contract through the “forced ranking” system is illegal to lift in the “Supreme People's court guiding case No.18”,"Eighth National Court civil trial work conference(Civil)summary".Second,because of the legal system of reassignment,reduction in salary,training is not complete,causing the “forced ranking” system has increasingly become the tools of the offenders,and leading to a series of labor hot debate.Onthe one hand,it is the prevalence of the “forced ranking” system,one is the judicial reiterated the legal standard of the unilateral termination of labor contracts,to prohibit any non statutory forms of unilateral termination.In the form of a dilemma,howcan the law to take out the “forced ranking” system reasonable regulation,in the existing labor management mode,the “forced ranking” system how to realize localization.Therefore,this article attempts to define the bottom elimination “forced ranking” system of the implementation of the border,combined with the current problems,put forward reasonable suggestionsfrom the perspective of legal regulation,in order to make the “forced ranking” system run orderly and effectively.The article altogether is divided into four parts: the first part,research the operation and regulation of the “forced ranking” system from the perspective of legitimacy,reasonable define the labor law form of the “forced ranking” system;part two,emphasize on the legitimacy of the formulation and implementation of the “forced ranking” system,discuss the “forced ranking” system of effective elements in detail,clarify the boundaries of the employer unilaterally terminate the labor contract,job transfer,salary and training etc in The “forced ranking” system;part three,showing the present situations of legislation,judicature and law enforcement about the “forced ranking” system in China,accurately expose the flaw in system design,the invalid judicial guide,the weak law enforcement and a series of problems;the fourth put forward feasible solutions all-around from the legal regulation of legislative,judicial and law enforcement practice.In the labor management mode of diversification,flexibility of the trend,a series of labor disputes caused by the “forced ranking” system reflects unit of choose and employ persons to recruitment autonomy demands,i think the reasonable regulations to the elimination system is not blindly blocking,excessively compressing the suitable space to elimination mechanism,we should find a good balance in the existing labor management framework,to reasonable partition the “forced ranking” system of the implementation of the bottom border.the balance is transferred and training.The mechanism of elimination should be the necessary guided,guiding the main implementation measures of the mechanism from the "lifting of the labor contract" to "post adjustment" and "training".The purpose of the bottom elimination mechanism is to improve performance,take full advantage of the human resources,gain a competitive edge,the duty and training relative to terminate the labor contract is more advantageous to improve the performance of laborer,to promote industrial harmony and achieve win-win labor,at the same time,the duty and training relative to terminate the labor contract of cruel and harsh appear more moderate,for the labor contract continue to performleaving more possibilities,bring a smaller direct hit to labor relations.So,not only fit the existing labor management framework,ensure the stability of the existing labor framework,consolidate the institutional foundation of the protection of the rights and interests of workers,but also conform to the trend of the times,to meet the reasonable demands of the employer's employment autonomy.