Research On Presumptive Dismissal System

Derived from civil contracts, labor contract initially bound conduct of the parties inaccordance with the provisions of the Civil Code. However, Based on the need tomaintain the right to life，Personal and economic subordination gradually arereflected in the attachment to the labor contract. The lifting of the labor contract bythe previous Liberal dismissal stage evolved into a legitimate reason to be requiredto dismiss workers stage. Based on this employers gradually take some measures toforce or entice workers to resign. But this is not voluntary but forced to resign. If wedo not relieve these workers who suffered injustice, the employers will continue totake this measure to reduce their cost of damage to the interests of workers dismissed.The workers not only lose their jobs, also not get proper relief.This paper is divided into five parts. The first part is the concept of constructivedismissal and principles of analysis, constructive dismissal is a fundamentalviolation of the labor contract, which belongs to a fundamental breach. The secondpart is the identification and type of constructive dismissal, especially in theworkplace sexual harassment is included constructive dismissal.The third part iscomparison between constructive dismissal and similar system, with an analysis ofthe special problems, we can have a more profound understanding about constructivedismissal. The fourth part is about burden of proof and employer liability inconstructive dismissal. The fifth part is an analysis and improvement about theimmediate termination of contracts of workers.The paper’s main contribution is the comparison and analysis between constructivedismissal and similar systems. This is not only important for constructive dismissalrecognized in judicial practice, but also has positive significance for the immediatetermination of the contract of workers to improve.