Research On The Problem Of Chinese’s Dismissal Protection System

Dismissal protection is a limitation of employment right by the law, which wants to protection the right of laborer. However there is always a dispute between freedom to dismissal and dismissal protection, which around to the employment right of employer. Countries that advocate freedom to dismissal emphasize the independent of employment right to employers. On the contrary, countries that assert dismissal protection stress the protection of laborer. Although every country has different attitude to dismissal protection and freedom to dismissal, she has reached a consensus that there is a limitation to the dismissal right of employers. On the basis of reacquainting the essential connotation to dismissal protection and introducing the dismissal protection system of foreign countries, and then with an in-depth analyzing of our present dismissal protection legislation and problems, the author has come up with some reasonable proposals for the dismissal protection system of China. To be specific: the article consists of four sections.The first section is on the theoretical analysis of dismissal protection. Within this section, the author will talk about the origin and the nature of dismissal protection, especially the definition of dismissal and dismissal protection.The second section has introduced the dismissal protection systems of other foreign counties, such as England, America, France and Germany. Through the investigation and the analysis of the four countries’fire protection, some enlightenment would be gotten to improving our own protection legislation.The third section has summarized the legislation of ours dismissal protection system and found out five problems, which including not execute the focus of the layered fired protection legislation thought; fired reason, illegal dismissal liability form, fired program and fired relief is unreasonable.What the fourth section discuss is the reflection of our country dismissal protection system with five countermeasures; typically, it is the protection of key fired legislative idea that established in accordance with the laborers’class and the scale of employer, the introduce of unfair dismissal principle, perfection of illegal dismissal liability form, the establish of trade union and the dismissal notice term combined with the work seniority, the establish of special labor court, which based on the questions in third chapter, the situation of our country and the advanced experience of the foreign legislation.