Font Size: a A A

Fire Protection Purposes Under The Rules And Regulations On Labor Studies

Posted on:2011-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:F J XuFull Text:PDF
GTID:2206330332471868Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Dismissal protection regulation and the labor regulation are the two separate part of the Labor Law, but, because of the existence of the employers'punitive dismissal right, there are a lot of connections between the Dismissal Protection Regulation and the Labor Regulation. The Labor Regulation which is the major basis of the employers'punitive dismissal rights, can protect the workers under the similar principle of the"criminal punishment only according to the law", it could also be the excuses for employers to misuse the dismissal rights. It is of great significance to enhance the judicial review of the Labor Regulation for realizing the legislative purpose of the Dismissal Protection Regulation, whereas our Labor Regulation is not so perfect.This thesis consists of six chapters:The opening chapter is about the introducing of the general principles. First, the author defines the concept of dismissal and briefly looks back the development of the principals of dismissal. Second, the author explains the basic legal principals of the Labor Regulation relating to the dismissal protection, and then discovers the relations between dismissal protection and the Labor Regulation, analyzes the positive meaning and the negative meaning of the Labor Regulation in realizing the purpose of the dismissal protection, points the necessity of the enhancing the judicial review of the Labor Regulation in our judicial practice.In the second chapter, the author looks back the history of the judicial review of the Labor Regulation since the foundation of New China.In the third chapter, the author summarizes the main problems of the judicial review of the Labor Regulation, such as the disunity of the review standard and the failure of realizing the legislative purpose of the dismissal protection. And then the author analyzes the reasons, such as the imperfect legislation, the influence of the viewpoints of the traditional civil law, the planned economy, the misunderstanding of the decision-making power in operation and management of the enterprises, the canvassing of the management and the legislation about the dismissal reasons is too strict.In the fourth chapter, in order to solve the disunity of the examination standard, after analyzing and balancing the punitive right of the employers and the survival right and the working right of the workers, the author puts forward the basic viewpoints of the judicial review of the Labor Regulation, those are avoiding to misuse the dismissal right, realizing the legislative purpose of the dismissal protection, protecting the survival right and the working right of the workers. And then the author puts forward the basic principals of the judicial review of the Labor Regulation, those are Law Priority Doctrine, Contract Priority Doctrine, Proportion Doctrine, Last Measure Doctrine, Prohibiting Retrospect Doctrine, Punitive Reason Limited and the Burden of Proof on the Employers.In the fifth chapter, the author explains the concrete measures of the judicial review according to the basic viewpoints and principals enumerated in the forth chapter. In particular, the judicial review consists of the legality review, rationality review, time and space validity review, punitive prescription review etc.In the sixth chapter, the author gives advises to resolve the problems of the current judicial review. It is a large project to resolve the problems of the current judicial review, not only needs to perfect the Labor Regulation, but also relies on the establishment of the reasonable dismissal regulation and perfecting the other supporting measures.
Keywords/Search Tags:dismissal protection, Labor Regulation, punitive dismissal, judicial review
PDF Full Text Request
Related items