Research On The Illegal Dismissal Relief System In China

Dismissal is the most sensitive central place in the operation of labor relations and involves intense conflicts and collisions between different interests.From the aspect of the theoretical study,the issue of restrictions against dismissal right not only reflects the conflict conciliation between the employee's survival right and the employer's employment freedom right,but also provides rational thoughts on harmonious employment relation construction.The legal relief system of unlawful dismissal is an important part of the dismissal protection system of a country.Judging from the improvement of the legal relief system of illegal dismissal,we can see whether the protection of workers in a country is adequate.Our country still did not write a single fire protection laws,the relevant provisions of improper dismissal legal relief system is regulated in the “the labor law”?“the labor contract law” and very less,that make the current law cannot effectively regulate the various improper dismissal behavior in reality and the legal rights of laborer be no guarantee.For that,the paper give in-depth analysis and discussion of the world's most advanced industrialized countries'(Germany,Britain,France,the United States and Japan)improper dismissal of the legal relief system on the basis of the theoretical basis of improper dismissal law relief system.Then the paper put forward five opinions to improve the labor legal system and the improper legal relief system based on the analysis and discussion and combining with the defects of our current improper dismissal legal relief system.This paper is divided into four parts:The first part expounds the legal basis of improper dismissal legal relief system.First of all,the paper analyze that what is improper dismissal legal relief and its form of expression through to the relevant legal documents at home and abroad and domestic scholars about the definition of improper dismissal.Then,the paper analyze the three types of concrete manifestations of illegal dismissal through the theoretical extension of the content of illegal dismissal.At last,the paper analyze and probe dismissal protection theory and tilt protection theory.This part is a process of conceptual definition and theoretical analysis and establishes a theoretical research basis for the statement of problems and improvements in the following system.The second part summarizes the relevant legal provisions of China's current legal remedy system for illegal dismissal and puts forward the inappropriate provisions of our country's legal provisions and implementation.According to the current laws and regulations of our country,the paper summarizes the reasons for dismissal,dismissal procedures and illegal dismissal and remedy measures and the paper point out that the legal remedy system many of the inadequacies for illegal dismissal in our country still exists in the legislative and judicial practice.First of all,from the dismissal procedure,the procedure for dismissing the pre-announcement period in China is unreasonable,and the appropriate advance notice period is not set according to different dismissal situations,and the pre-notification period and the right to choose “advance notice” are enjoyed by the employer,which may easily result in dismissal rights abusing.Secondly,from the aspect of termination of employment,the paper discusses the absence of legal remedies for antisocial illegal dismissal in China and the absence of antisocial illegal layoffs is not conducive to the protection of illegal dismissal workers.Finally,from the aspect of remedy,the paper point out the problems concerning the provisions of economic compensation.The third part examines and analyzes the legal remedy system of illegal dismissal of four developed countries(Germany,France,the United States,and Britain),and applies the advantages and disadvantages of the problems existing in the domestic dismissal protection legal system.This paper examines the illegal dismissal protection system in Germany,France,the United States and the United Kingdom based on the three modules of reasons for dismissal,dismissal procedures,and illegal dismissal legal remedy,and analyzes the respective characteristics of the above-mentioned countries regarding illegal dismissal of legal remedy systems.The fourth part puts forward the suggestions of perfecting our country's improper dismissal legal relief system.On the basis of drawing on the outstanding elements of the legal system in other countries and combining with the actual needs of a large number of laborers,this paper proposes the role of trade unions in the process of illegal dismissal;the method of reconstructing the economic compensation;the flexible application of remedial reinstatement and the introduction of anti-social Sexual dismissal and its legal relief system and other four aspects of the proposal.