On The Legal System Of Dismissal Protection

The legal system of the protection of dismissal is an important content in the field of labor relations.As the legal system of the protection of dismissal concerns the vital interests of both the worker and the employing unit,if the employing unit acts improperly in dismissing the employee,workers will face the plight of unemployment.At the present stage,due to the downward pressure of the economy and the impact of the new pneumonia epidemic,many workers are facing the situation of being laid off,which has brought many new problems and challenges to the field of labor relations,as a result,the stability of employment has been seriously impacted.At this time,the harmonious and stable labor relations and the protection of workers’ rights and interests have become an urgent problem to be solved,and the role of the dismissal protection legal system is obviously even more important.The promulgation and implementation of the Labour Contract Law of the People’s Republic of China has greatly improved and developed China’s legal system for the protection of dismissal,but due to the complexity of China’s labor market and the variability of labor relations,as a result,the legal system of dismissal protection in our country still has some deficiencies,which can not guarantee the legitimate rights and interests of the workers and the independent management right of the employers.Therefore,under the background of today’s Times,it is of practical significance and theoretical value to study the legal system of the protection of dismissal.This article is divided into four parts:The first part discusses the basic theory of dismissal protection.Firstly,it introduces the meaning of termination protection and the related theory of termination protection.Then it analyzes the necessity of establishing the legal system of protection of dismissal from four aspects: maintaining the occupational stability of workers,balancing the interests of both labor and capital,stimulating the flexibility of labor market and promoting social harmony and stability.The second part introduces and evaluates the legal system of protection of extraterritorial dismissal.Firstly,it introduces the relevant legal system of termination protection of ILO,UK,USA,Germany,France and Japan.Then make the corresponding four evaluations,that is to take into account the interests of both employers and employees,improve the mechanism of protection in advance of dismissal,improve the responsibility system of protection in the event of dismissal,and the appropriate level of protection.It provides the reference and the enlightenment for our country this system consummation.The third part elaborated our country dismisses the protection legal system the stipulation and the flaw.Firstly,it introduces the legal system of the protection of dismissal in our country.Then it points out the four defects of the legal system of dismissal protection in our country,that is,the protection mode of dismissal is too single,the cause of dismissal is too rigid,the warning period of dismissal is too rigid,and the form of responsibility of illegal dismissal is unreasonable.The fourth part puts forward the suggestion of perfecting the legal system of the protection of dismissal.Based on the reality of our country and the experience of foreign advanced legislation,this paper puts forward some suggestions to improve the legal system of dismissal protection.Mainly from the reconstruction of a diversified dismissal protection model,the establishment of more General Provisions on dismissal causes,the flexible design of the warning period system,and the aggravation of the legal responsibility for unlawful dismissal,in order to promote the progress and development of China’s dismissal protection legal system.