The Legal System Of Dismissal Protection

Developing harmonious labor relations is the construction of Socialist harmonious society's needs.Adequate protection of vulnerable workers'rights, the right to reasonably limit the employer's dismissal is balancing the interests of employers, developing harmonious labor relationship needs.Constructing and perfecting the system of dismissal protection laws is to promote the harmonious development of labour relations.The logical structure of this article is to balance protection of labour rights and interests as the core, from the start with the theoretical analysis, comparative analysis of foreign-related systems, insufficient analysis of current situation of dismissal protection law system in China and, on the basis of recommendations made perfecting the system of dismissal protection laws.Full-text subjects include four parts:The first part is divided into three areas:(a) meaning of dismissal (b) application of Marxist view of history, describes the origin of the fire protection law system(c) analysis of the theoretical basis of dismissal protection.First of all, from a legal analysis of the relationship between labour rights and the right to dismiss and, secondly, focused analysis of the theoretical circle on the dismissal of two debates freedom and fire protection, on the basis of these two arguments, dismissal protection principles only began to develop.Part II describes the United Kingdom and the United States, and Germany and Sweden's fire protection system, and on the respective characteristics of summary.The third part is the analysis and research on dismissal protection law system in China.First expounded China's dismissal protection law system evolution process, followed with an overview of the development situation of dismissal protection law system in China, finally focusing on inspected on dismissal protection law system in China respectively on immediate notice of dismissal, dismissal and redundancy a specific study of legal provisions, pointing out that these deficiencies of legislation and practice.Part IV is the perfect recommendation of dismissal protection law system in China.This article made against the third part of the deficiencies in the system, from the legislation and perfection of the system both made recommendations.In this context, is mainly targeted at deficiencies of instant dismissal made three recommendations:(a) legislative technical perfection, generalization and lists ways to determine the combination of vague provisions in the legal provisions.(b) employment standards, the number of trial period, and employers of labour discipline establishment of the necessary legislation should be regulated.(c) should modify the provisions of the workers dismissed was prosecuted for criminal liability, are distinguished, based on treatment.In the system, for lack of notice of dismissal and redundancy of the system, put forward recommendations for improving the system of notice period and redundancy system.