The Analysis Of The Last Legal Problem In The Lowliest Place Elimination

The lowliest place elimination as a personnel management system, can stimulate the staff vitality, to maximize the interests of enterprises, so it is widely used by the unit. However, the lowliest place elimination is not universally applicable truth, its abuse has also brought many negative effects. In recent years, the lowliest place elimination caused legal disputes is increasing, especially after the introduction of the labor contract law, the elimination system to the last of the abolition of the elimination system to the last, legal or not, for such cases how to deal with scholars and experts, attention of the community has been a hot topic.Processing the lowliest place elimination dispute cases, arguments focus on the following two aspects:the bottom-out system is adjusted by law; the employer shall end fall into disuse make legality. The lowliest place elimination although in certain areas of industry, in some circumstances its existence is reasonable, lawful sex,widely implemented, but the risk is very illegal.The employer only because of staff performance from the fire behavior (i.e., to terminate the labor contract) is illegal. The employer shall exercise the right to unilaterally terminate, must comply with statutory conditions.The employer can prove that the employee does not work, must first perform demoted, training, such as the first duty, at the same time in a reasonable period of time to inform the laborers In recent years, the bottom-out system prevailed, from the lowliest place elimination caused labor dispute case increase sharply. The elimination system to the last of the abuse of essence of our country is strong weak labor, labor force begs for be more than the severe employment situation, the legitimate rights and interests of workers gets ensuring hard problems. Therefore, to effectively protect the legitimate rights and interests of workers, in addition to the legislation on the advanced experience from abroad, to improve our system of labor laws and workers rights protection system, we have to work to spread legal knowledge workers, so that workers can enhance rights awareness and the establishment of specialized labor dispute the legal aid system to ensure that workers rights are violated in, can be rapid and effective relief.