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Dismissal Protection System

Posted on:2007-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:J P ChangFull Text:PDF
GTID:2206360212967587Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Along with our country economic restructuring thorough, our country work has had the tremendous change with the labor system, after specially joins the World Trade Organization, the economic competition further intensifies, and the labor management relation struggle also further intensifies. In the labor management relation, the worker and between the employer has the subordination, is opposite says to the employer, the worker is at one kind of lower position, stemming from to worker's right to work and the right to subsistence first protection, the law the right which dismissed to the employer has made the certain limit. But our country at present to worker's dismissal protection system fundamental research relatively weak, the legislation level is somewhat low, the legal rule also has the certain contradiction and the blank place, caused in the practice to the worker the protection still not the strength, therefore this topic research regardless of were consummates the dismissal protection system theory or to legislate on carries on the systemThis article the background which proposed from the dismissal protection system, the theory to this question argument, our country present dismissal protection system present situation, reconsidering, outside the territory the system comparison and profits from and consummates our country to dismiss the protection system the law to ponder and so on the aspect analyzes our country the dismissal protection level. Through to the domestic and foreign dismissals protection system legislation concrete inspection, the author induced our country to legislate the existence main question is: To dismisses the reason stipulation too principle, causes practice operation free to be big; The dismissal notice successively limits not reasonably; Lacks to dismisses the procedure the rules and regulations and so on. The author in carries on a more comprehensive summary to the our country present system, combs, the self-criticism and to the overseas dismissal protection system comparison model foundation in, put forward some proposals in the legislation aspect, if establishes "is reasonable" the dismissal reason to reveal the provision as the law; Enrichment dismissal fair procedure; The introduction eliminates reprimands the period and the advance notification notice for the monetary equivalent system; The legislator should act according to worker's different situation, to informs the time to adopt the different stipulation, practically protects the bilateral reasonable rights and interests. Undertakes the aspect in the responsibility to implement the mistake estimation the way, prevented the employer dismisses the power abusing. At present our country dismissed the improper event to occur very is still frequent, therefore had further not to consummate when dismissed the relief channel as well as the dismissal economy made up monetary award system and so on. Achieved effectively protects worker's goal.
Keywords/Search Tags:dismissal, dismissal protection, dismissal reason, dismissal notice time
PDF Full Text Request
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