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Dismissal. Dismissal Protection: Extraterritorial Legislation And Its Revelation

Posted on:2012-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:C X LuFull Text:PDF
GTID:2216330344950591Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Germany, France and other countries and regions in terms of dismissal under the legislation include licensing conditions and prohibition conditions in two areas. Which include permit conditions required by law to have legitimate reasons, employees must be given written notice of termination and the holding of hearings and other conditions; conditions include a ban may not be dismissed in a particular period or for specific tasks of the employees and may not invoke the subject matter beyond the statutory period of layoffs and other conditions laid off.For one of the licensing conditions have a valid reason under the law, although these countries and regions differ somewhat in scope, but basically the employees will not lose the ability to perform the labor contract and the contractual obligations resulting in serious violation of labor between employers and employees the behavior of the loss of a relationship of trust with the law as the proper subject of the case, so I have investigated this legislation in several countries and regions, none of the employees of crime as an employer can dismiss an employee must legitimate reason. Provisions for dismissal of Germany, France and other countries and regions, dismissal under the legislation has two main characteristics of the first requirements is dismissal of the case only in specific dismissal among the duration of the second dismissal is based on to determine the employee's working life, that the law does not give all employees the same dismissal of the employee's working life but by the termination of working hours to determine the appropriate termination of long hours of work for a short length of the termination period is short, the law provides that employees not only give special protection and the interests of both employers. The written notice and a hearing for this condition, the author of the study of these countries and regions under the legislation are very detailed, not only provides for written notice and hearing to perform the time also provided for non-compliance of the obligations of the legal consequences of the dismissal invalid.The conditions for the prohibition, Germany, France and other countries and regions, mostly consists of two aspects of legislation, the first is in a specific period of time for the protection of persons,such as in nursing, pregnant women; the second is more than the statutory period may not invoke the termination subject to dismissal. Since the design of the employees laid off a number of layoffs have greater impact on society, so the legislation of these countries and regions are set strict conditions for individual dismissal, in general, only the enterprise business contract, business and other economic reasons for the deterioration as legitimate reasons an employer layoffs, and to report as well as employers lay off the record is a necessary condition.
Keywords/Search Tags:Dismiss, Elements of dismissal, Dismissal reasons, Termination notice period
PDF Full Text Request
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