On The Deficiency And Improvement Of Dismissal System In China

Dismissal system is the most important content of the world's labor laws.The improvement of the dismissal system involves the balance of the rights and obligations of both the employer and the employee,as well as the development prospect of national productivity.Although Chinese labor law tends to protect employee from the perspective of legislation,such protection cannot be effectively implemented due to the incomplete legislative provisions and unreasonable supporting relief measures,and many problems and contradictions have emerged in many judicial cases.Only by constantly improving the dismissal system in our country,can we realize the win-win situation of protecting the rights and interests of employer and the employee,and fundamentally realize the harmony of labor relations and the stability of social environment.At present,Chinnese legislation does not have a clear definition of the term "dismissal",which is described as "unilateral termination of labor contract by the employing unit" in the labor contract law."employment","fire" and other words for alleged didn't agree with the idea and spirit of the socialist system and taboo by using in the study of our country labor law,but in recent years,academic circles have gradually to "fire" instead of "the trend of unit of choose and employ persons unilaterally terminate labor contract",which is the word "fire" expression is more simple and convenient,and with the development and perfection of the system of our country labor law related theory research are inseparable.At present,China's labor legislation has various problems in dismissal causes,procedures and relief methods,such as non-standard listing methods of dismissal causes,lack of specific contents and legal responsibilities in dismissal procedures,and scattered and unreasonable provisions in relief methods.Still highlight these deficiencies in China's labor conflicts,has formulated the law because of the flaws of the system itself can not get the real effective execution,practice workers confronted with illegal and improper dismissal from seeking effective relief,unit of choose and employ persons cannot according to the market change and its own development supplemented within an enterprise staff cuts,for both laborer and unit of choose and employ persons is adverse.Therefore,it is necessary to put forward constructive Suggestions on the improvement of the dismissal system,so as to protect workers from wrongful dismissal and wrongful dismissal and at the same time give flexible employment rights to enterprises,so as to achieve better and faster economic development and social order stability.The United States since the 1870 s to now,has been uphold the principle of free to hire for employment system,the employer may in any case no reason to fire its thought is not suitable for employees continue to work,but this freedom with the development of the society and employee rights consciousness enhancement is starting to get the limitation of legislative and judicial level,employment freedom principle also experienced four development,prosperity,decline and rebound period,development to the present state of relative perfect gradually.It can be seen from the observation of the current relief system against wrongful dismissal in the United States that it is based on the principle of freedom of employment,and at the same time guarantees the public order and good customs,the implied contract terms,and the principle of honest and fair dealing.When an employer's disgraceful consideration fire behavior involving violations,the implied terms of contract or fair trade principle of good faith,the firing behavior that constitutes improper dismissal,at this time to improper dismissal of employees can initiate a improper dismissal proceeding,won after can get compensatory damages,punitive damages,contractual damages or reinstatement way of relief.The labor law of improper dismissal legal regulation has realized the standardization of employers to fire behavior,with economic and social aspects of the deep foundation,conform to the requirements of the labor relations situation of the development of the contemporary society,with the concept of social justice and public interests,analysis the difference of fire protection system of China and the United States,is of great significance to perfect the system of the current fire in our country.Part to absorb a part of the American model is suitable for China to learn from,and build effective system,put forward with the combination of its own national conditions to adjust the scope of the fire reason look perfect fire procedure and the specific content of the law,and constantly improve the classification of the relief way and choice,so as to better safeguard the lawful rights and interests of workers and enterprise autonomy effectively,weaken the social contradictions.