On The Application Of The Remedy Method Of Reinstatement

The establishment of the labor contract to continue to implement the system is to maximize the relief of the rights and interests of workers who have been illegally dismissed.However,due to the fact that the provisions of the law are relatively simple and tough,in reality,as long as workers make demands of reinstatement,the judges often make a decision of reinstatement.but the actual implementation is extremely difficult.Employers often refuse to fulfill their judgments or repeatedly dismissed employees.The rights and interests of laborers have not been effectively protected,and the labour relations continue to deteriorate.This article believes that the most fundamental problem in reinstatement is that the unclear criteria for reinstatement.In addition to the above-mentioned fundamental issues,still has the problem of unclear identification standards for reinstatement,as well as the lack of supplementary and alternative measures.This article will start from the institutional restrictions and institutional supplements,the implementation of the applicable restrictions is intended to ensure refining the applicable conditions,change the status of the broad and rigid provisions,making the system can be more reasonably applied.The implementation of the applicable supplements will mainly discuss temporary protection and related systems for alternative implementation.The construction and improvement of these systems will enable the flexible application of the reinstatement system and better meet the actual needs of the laborers.