Research On The Protection Of Employees’ Rights And Interests In Illegal Dismissal

In the labor relationship between employers and employees,dismissal is an important content with great influence,which involves the balance of interests between employers’ self-management right and employees’ employment right.The unilateral termination of labor contract by employers in violation of the law constitutes illegal dismissal.To protect the rights and interests of employees,article 48 of the Labor Contract Law stipulates two relief ways for employees’ who are dismissed illegally.The first way is that the employee requires the employer to continue to perform the labor contract,the other way is that the employee requires the employer to pay compensation.The protection of employees’ rights and interests is related to the whole process of illegal dismissal.Therefore,this paper discusses the issues related to the protection of employees’ rights and interests from the aspects of the reasons for illegal dismissal,relief ways,execution of the judgment,wage payment during the litigation,in order to provide reference for the operation of judicial practice and the improvement of the legal system,balance the protection level of both sides of labor relationship,and make the handling of the protection of employees’ rights and interests more reasonable and effective.This paper is divided into four main parts.The first part is the definition and relief of illegal dismissal.It analyzes the concept of illegal dismissal and makes a reasonable classification,so as to lay a theoretical foundation for the paper.Secondly,focuses on the cases of illegal dismissal in judicial practice,and investigate the sample cases by statistical method.Then find the relevant information in judicial practice by analyzing the data and typical cases.Thirdly,on the basis of the previous analysis,this paper summarizes the problems in illegal dismissal.Lastly,put forward the corresponding suggestions and balance the two sides of labor relationship.Setting up comprehensive reasons for dismissal;setting up different relief methods,stipulating that the relief way for procedural illegal dismissal is economic compensation;it is necessary to establish an alternative way for execution and examine the subjective and objective factors to measure the labor contract;reconstructing the applicable rules of compensation to make up for the loss of employees;establishing the right of employees to get wages during the litigation and so on.