Employee Hiring And Dismissal Of The Legal Issues

The whole process of enterprises employment including hiring, formal employing, labor contract signing, and dismissing, intersperse with civil legal relations between the two equal subjects, corresponding labor law between the management and the managed affiliation, also involve different rights and obligations. Therefore, the legal basis for handling is not the same.China's labor legislation is continual improving these years. Several labor laws and regulations such as the "Labor Contract Law", "Employment Promotion Law," "Labor Dispute Mediation and Arbitration Law," "Labor Contract Law Implementation Regulations," "Paid workers Annual Leave Regulations " have been promulgated and implemented in the past three years. It seems an urgent task for enterprise to study the related labor legal issues. This paper attempts to provide a legislative and judicial trial for enterprise recruitment and dismissal, as well as a practical solution for corporate human resources recruitment and dismissal operation, based on specifying the rights and obligations of the two parties and the analysis on hiring and dismissal of employees, aims to protect both parties'lawful rights, prevent and reduce labor dispute, develop harmonious and stable labor relations.This paper consists of four components:The first chapter is the legal definition for recruitment and dismissal of employees. The definition of "employment", the labor contract and civil contract, difference between kinds of labor contract, and the definition and type of dismissal are introduced.The second chapter is the specific legal analysis of enterprise employment. Through the case study, we know the legal properties and legal effect of recruitment notification as well as the legal effect of revoking recruitment notification. It is very important to establish employment condition. Cautions of singing a labor contract are also mentioned.The third chapter is the specific legal analysis of enterprise dismissal. Through the legal analysis of dismissal validity, positive consequences, negative consequences, the paper summarized the substantial conditions of dismissal - a valid Right reason, the prohibiting conditions - fire ban, the procedural conditions - the prescribed procedures. The dismissal compensation system is also introduced.The fourth chapter is countermeasures to improve the existing recruitment and dismissal system. This paper puts forward legislative and judicial improvement for hiring and firing employees, provide practical solutions to human resources operations. Highlights of this paper may be that, through the legal study of hiring and dismissal of employees, proposed legislative and judicial reference is put forward, practical solutions to human resources operations is also brought. However, there are still many inadequacies in this paper due to the author's limitation of knowledge. But I hope I could throw a sprat to catch a whale.