Study On Legal Remedy Of Illegal Dismissal

Regarding the labor relationship between laborers and employers,Chinese Labor Law,Chinese Labor Contract Law and laws and regulations promulgated by local governments have made the standard.However,because of the difference between theory and practice,statutory legislation has showed its lag in practice.In addition,factors such as the lack of the supervision of relevant departments,the low cost for severing labor relationships,the weak right-protection awareness of laborers,etc.also cause the occurrence of the Illegal dismissal.Dismissal is the most sensitive link in the operation of the labor relationship and involves fierce conflict and collision between different interests.The law requires that the employer shall have a legitimate reason for dismissal,and grants laborers the right of relief after being dismissed illegally.In China,laborers are entitled to request the continued performance of labor contracts or the payment of compensation after facing illegal dismissal.In practice,however,due to the elements such as weak right-protection awareness of laborers and the difficult operation of legal relief,most laborers then give up seeking legal relief.This article will analyze the data of legal relief cases on illegal dismissal,combine the practice cases to conclude the fact and dispute focus,define illegal dismissal from the theory of illegal dismissal,and summarize the existing problems in legal relief of China's illegal dismissal.Finally,considering the practicality and feasibility throughout the social reality and the legal environment,the author puts forward suggestions for improving the existing problems in legal relief of illegal dismissal.