The Research Of The Protection System Of Dismissal

Dismissal is the behavior of terminating labor relations and an important index to judge whether the labor relations are stable or not.The protection of dismissal has always been the focus of attention in the field of labor law.At present,there is no specific legislation on the protection system of dismissal in China,but through the form of scattered specific provisions,the relevant provisions on the protection of dismissal have been made.In practice,the frequent occurrence of illegal dismissal cases has affected the harmony of labor relations,and the existing problems of dismissal protection system in China have also been exposed.This article attempts to start from the problems existing in the system design itself,state its own views and proposals,and put forward ideas and suggestions.The paper demonstrates along the problem-oriented path.Starting from the definition of basic concepts,the author explores the theoretical support of the dismissal protection system and discusses the legitimacy basis of the dismissal protection system.Combining with practice,the main problems of dismissal protection system in China are analyzed.Institutional investigation of typical foreign countries is carried out to learn from their advanced experience.On the basis of the above,the paper puts forward suggestions for system improvement.Based on the above ideas,this paper is divided into four chapters besides introduction and conclusion:The first chapter defines the relevant concepts and carries out theoretical analysis.In our country,dismissal is manifested as unilateral termination of labor contract by employers,and the object of dismissal protection is workers,which is the restriction of employers’ right to dismiss.The evolution of the theory of reasons for dismissal essentially reflects the transformation from civil law theory to social law theory.As an important system tool for the protection of occupational freedom,the dismissal protection system can guarantee the workers’ right to work reasonably,satisfy their survival interests,development interests,personality interests,human dignity and many other needs,and conform to the concept of social substantive justice.Chapter two,combing and analyzing problems.At present,China has made clear restrictions on the unilateral termination of labor contracts by employers,involving the reasons,conditions and procedures of dismissal.Combined with judicial practice,after in-depth analysis,we find that the existing problems in China’s dismissal protection system focus on three aspects: protection mode,dismissal reasons and relief path for illegal dismissal.Specifically include:different dismissal cases apply to the same warning period,different types of workers have the same protection intensity,different scale enterprises have the same dismissal restrictions,closed listing is not extended,lack of fault dismissal exclusion period,lack of discriminatory,retaliatory prohibition,inappropriate legal liability,single alternative remedies,poor afterwards relief measures.Chapter three examines the protection system of extraterritorial dismissal.According to the model of free and strict dismissal protection system,this paper investigates the dismissal protection system in the United Kingdom and the United States,France and Germany respectively.Through common law and enactment law,the United Kingdom stipulates improper dismissal and unfair dismissal respectively;the United States pursues the principle of freedom of employment,and its dismissal protection system focuses on anti-discrimination and retaliation;France’s dismissal protection system is more stringent,which restricts the employer’s right to dismiss both procedurally and entirely;Germany’s dismissal protection law,which strictly restricts the employer’s right to dismiss.The level of physical protection is high.Germany’s special dismissal protection system has made special provisions for particularly vulnerable employees and employees’ collective interest representatives,giving them dual protection in both substantive and procedural aspects.Chapter Ⅳ puts forward suggestions to improve the dismissal protection system in China.After in-depth analysis,this paper demonstrates the main problems existing in China’s dismissal protection system,investigates the system of extraterritorial dismissal protection,and puts forward some suggestions to improve the existing problems of China’s dismissal protection system in light of China’s national conditions.Specifically reflected in the adjustment of the dismissal protection mode,improve the relevant provisions of the dismissal protection,optimize the path of relief for illegal dismissal,and other measures to solve the existing problems of the current dismissal protection system.The possible innovations of this paper are as follows: aiming at the construction of the overall system of dismissal protection,this paper makes a thorough analysis of the problems and makes a thorough and comprehensive analysis of the perfection of the system of dismissal protection from the whole to the level.This paper also has the following shortcomings: due to time constraints,the lack of first-hand research results inside and outside the territory,the lack of in-depth research on the relevant theory of dismissal protection system,and some biases in drawing lessons from the experience of other countries,so that in the specific system construction is not detailed and in-depth,which needs further study.