Legal Protection Of Right Of Employee In Dismissal System

Dismissal means employer dissolves labor contract without negotiation with employee. In the legal system of termination of labor contract, dismissal system has great influence upon employee. Because employee is in the dry tree, employer often takes his advantages to harm employee's labor right and living right. In today's society, protection of employee's right has been becoming an important issue in the international society. Author of this thesis intends to forward her point of views on regulation and perfection of protection system of employee' right in case of dismissal of labor contract. This thesis is composed on the basis of laws of People's Republic of China, and its foundation and start point is the important role of dismissal system in the whole society.The author gives a brief introduction about the definition of labor contract dismissal legal relation. From this start point, the author analyzes "labor contract legal relation", "labor contract dismissal", "dismissal", "legal reason of dismissal", "legal procedure of dismissal" and other related theories, and makes preparations for the following further analysis. On the basis of the above analysis, the author analyzes China's present legislation of dismissal system in details, and contrasts it with theory and legislation of it in foreign developed countries. Through the contrast, the author hopes that we may improve China's dismissal system through learning from foreign developed countries both in theory and in practice. Through analysis of dismissal system of several countries in European Union from different stand points, and analysis of China's present problems in dismissal system and situation of protection of employee's legal right, the author reaches the conclusion that China's dismissal system is far behind of that of foreign developed countries. Realizing the above situation, the author analyzes relative articles of the draft of , and points out that in order to improve China's labor contract dismissal system, we should learn from advanced experiences of foreign developed countries on the basis of China's local situation, and strive to improve it both in theory and in practice aspects.Innovative point of the thesis goes as follows: Enclosed with the basic point of protection of employee's legal right in dismissal system, the author analyzes and discusses the issue both in theory and in practice, and gives her suggestions about perfection of China's present system on the basis of analysis of foreign countries' advanced legislation.This thesis adopts study methods of contrast, conclusion, and illation.