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Study On The Legal Regulation On Patent Abuse In Technology Standards

Posted on:2011-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:W B TanFull Text:PDF
GTID:2166330338479483Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Dismissal protection system is to protect vulnerable workers in the country based on consideration of the interests of the party, by way of labor legislation to restrict the right of the employer's dismissal of the legal system. The contents of this article is divided into three parts: The first part describes the basic theory of fire protection system and to the dismissal of the abuse of freedom and restrictions on the right to dismiss discussion of the two arguments to explain the importance of fire protection system and its emergence in the world The reasons for that; expounded on the second part of mainland China and Taiwan dismissal protection systems and fire protection system from the history and the reason of dismissal, dismissal and termination notice period of economic compensation payments will be presented in four parts; the third part of the right dismissal related to the protection of both sides to build a system by comparing the mainland to find out the deficiencies in fire protection system, drawing on advanced legislative experience in Taiwan and put forward sound proposals.This study from a comparative point of view, to empirical methods, will be reason for dismissal, dismissal and termination notice period of financial compensation payments as starting point, respectively, on both sides of dismissal protection systems described, compared and analyzed, pointing out that mainland China dismissal protection system mainly of the following enough: First, the statutory grounds for dismissal requirement is unreasonable in the "trial period proved to be found not in conformity with the conditions of hire" "dismissal of workers who have been held criminally responsible," "violation of labor discipline and rules of the extent of determining that" three to give employers too much power, while in the "before his dismissal employers to adjust work or training obligations" in again too harsh on them, but also for "reasons or due to force majeure, the employer unilaterally dismiss the case due to" no to be clearly defined. Second is to dismiss the importance of a positive lack of knowledge, although he also developed some of the more stringent restrictions, but there are still insufficient due to pre-prevention mechanism which led to the late relief for the employer for economic reasons can not be flawed. The third is set during the dismissal notice and its legal effects on the shortcomings identified to artificially increase the cost of labor to obtain judicial relief. Fourth, the economic compensation Dismissal protection system is to protect vulnerable workers in the country based on consideration of the interests of the party, by way of labor legislation to restrict the right of the employer's dismissal of the legal system. The contents of this article is divided into three parts: The first part describes the basic theory of fire protection system and to the dismissal of the abuse of freedom and restrictions on the right to dismiss discussion of the two arguments to explain the importance of fire protection system and its emergence in the world The reasons for that; expounded on the second part of mainland China and Taiwan dismissal protection systems and fire protection system from the history and the reason of dismissal, dismissal and termination notice period of economic compensation payments will be presented in four parts; the third part of the right dismissal related to the protection of both sides to build a system by comparing the mainland to find out the deficiencies in fire protection system, drawing on advanced legislative experience in Taiwan and put forward sound proposals. This study from a comparative point of view, to empirical methods, will be reason for dismissal, dismissal and termination notice period of financial compensation payments as starting point, respectively, on both sides of dismissal protection systems described, compared and analyzed, pointing out that mainland China dismissal protection system mainly of the following enough: First, the statutory grounds for dismissal requirement is unreasonable in the "trial period proved to be found not in conformity with the conditions of hire" "dismissal of workers who have been held criminally responsible," "violation of labor discipline and rules of the extent of determining that" three to give employers too much power, while in the "before his dismissal employers to adjust work or training obligations" in again too harsh on them, but also for "reasons or due to force majeure, the employer unilaterally dismiss the case due to" no to be clearly defined. Second is to dismiss the importance of a positive lack of knowledge, although he also developed some of the more stringent restrictions, but there are still insufficient due to pre-prevention mechanism which led to the late relief for the employer for economic reasons can not be flawed. The third is set during the dismissal notice and its legal effects on the shortcomings identified to artificially increase the cost of labor to obtain judicial relief. Fourth, the economic compensation...
Keywords/Search Tags:Dismissal Protection, Dismissal Cause, Notice Period, Severance Pay
PDF Full Text Request
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