On The System Of Dismissal Protection In China

Dismissal has lost the basic source of living conditions for workers.At the same time,it also faces difficulties in the new job-hunting process.Many employers' reasons for dismissal are due to the fault of workers themselves,which leads to the termination of labor contracts by enterprises.When the working and living conditions of laborers are unstable,a series of social risks will be generated.Therefore,dismissal protection plays an important role in the stable development of the country and social harmony and stability.Countries around the world attach great importance to dismissal protection,and have made relevant provisions on dismissal in legislation one after another.Some countries have made a special law on dismissal protection.At present,China's dismissal protection system is scattered in various laws and regulations,and there is no specific and systematic regulation on it.Based on the current situation of dismissal protection system in our country,the analysis and research on it can further improve our dismissal protection systemThis article mainly divides into four parts to our country to dismiss the safeguard system to carry on the elaboration.The first part starts from the meaning,function and type of dismissal,and then clarifies the concept of dismissal protection,and introduces two typical dismissal protection system models in the world,so as to have some understanding of the basic connotation of dismissal and dismissal protection.In the second part,based on the current regulations of dismissal protection system in China are too scattered and unclear,the existing problems of dismissal protection system in China are discussed.The mode of firing protection is too single;There is no clear union right in the dismissal protection system;The remedy means of illegal dismissal is not perfect,such as unreasonable standard design of economic compensation.There are some defects in the economic layoff procedure,such as the provisions on the labor consultation procedure are not specific enough.The third part analyzes the legislative situation of Taiwan region and extraterritorial dismissal protection system,and draws lessons from the legislation of Taiwan region and extraterritorial dismissal protection.The United States is flexible in the calculation ofeconomic compensation.Germany's system of dismissal protection is more specific;In terms of dismissal protection,France differentiates between fixed term labor contract and non-fixed term labor contract and sets different patterns of dismissal protection.The fourth part,by analyzing the existing problems in China's current legal provisions,clarifies the definition of the concept of uncertainty and clarifies the provisions,which is conducive to the application of law in practice.According to the different term of labor contract,different termination protection mode is set up to alleviate the phenomenon of contract brevity.In the system of dismissal protection,the rights of trade unions should be clarified,the construction of trade unions should be strengthened,and the guarantee system of collective bargaining should be improved,so that the trade unions will no longer become a mere formality when confronting employers.We should improve the flexibility and punitive nature of economic compensation,regulate the dismissal of employers,curb the frequent termination of employment by employers,and formulate a system of reemployment judgment to ensure the implementation of workers' legitimate rights and interests.The advance notice period for economic downsizing will allow workers sufficient time to tide over the difficulties,improve labor consultation procedures,set up consultation committees,prevent employers from using legal loopholes to evade legal obligations,and actively involve labor administrative departments in economic downsizing procedures.