Comparative Study On The Cause Of Discharge

The Cause of Discharge System plays an important role in the labor law. The right to discharge belongs to the content of employer's right of management, Labor law specifies the causes for which an employer is entitled to dismiss workers, but labor laws in China is comparatively overbroad. There are still some contradictions and gaps in the provisions on the cause of discharge. The improvement of the Cause of Discharge System and its related systems is an urgent requirement to keep a balance between the employers'profit and the employers'profit and to improve their harmonious relations. It's also an important way to improve labor legislation in China.Based on the theory exploration and the summarization of practice of Cause of Discharge System, this paper is trying to clarify the meaning and application of the Cause of Discharge System. Hoping to improve labor legislation in China, this paper explores all of the work in the field of Cause of Discharge System in china, points out the room for further improvement, makes specific judicial recommendations in the clue of comparative research of Cause of Discharge System and through the comparison between China and foreign countries.The main body of this paper includes four parts. Part one uses the first case of "dismissed employee in a labor contract without a fixed term" in Beijing as a lead-in. After a brief introduction of the details of the case and by analyzing the legal analysis of the case, it questions assumptions about the use of "Labor Contract Law" in this case and then dig out the problems of Cause of discharge in China.Part two is an inspection in the Cause of Discharge System in China. On the one hand, it reviews the history of dismissal systems in China, describes and analyzes the design and the adjustment of the dismissal system, the related regulations and the judicial interpretation of the dismissal system during the period of "Labor Law" and the "Labor Contract Law". On the other hand, it probes into the current situation of cause of discharge and dismissal system in china, pointing out that, "Labor Contract Law" expanded the scope of the presumption of dismissal, tightened the right of employing unit to dismiss employees and enhanced protection of dismissal.Part three is the comparative study of foreign and domestic Causes of Discharge System. Dismisses legal system of Germany,France, UK and China are introduced one by one compared in five aspects:the theory of cause of discharge, type of cause of discharge, specific cause of discharge and the extent of dismissal protection,. It summarizes the characteristics and the evaluations of dismissal legislations in these countries.Part four is the introspection and perfection of domestic law of discharge. From the practical level, it reviews the existing dismissal system in china, points out two shortcomings of existing law of discharge:the imbalance between the causes of discharge and dismissal protection, the conflict between system of term of the labour contract and dismissal system. It points out that we can improve our dismissal system through the choice of legislation mode of causes of discharge, distinction between coordinated reforms in dismissal system and in the system of term of the labour contract and complete layoff procedures.