Study On The Compensation Of Illegal Dismissal

Significant changes have occurred in the labor relationships of our country becauseof the deepening of the economic reform, the joining of WTO, the intense of thecompetition of enterprises, the awareness of protecting self-interests in employeesgradually enhanced. However, the affiliation relationship between employers andemployees has never changed, employees are still in a weak position to employers. Thelegitimate rights of employees have often been violated by employers, being illegallydismissed is one of them. The compensation of illegal dismissal is the liability to thewrongful behavior of the employers, the protection for the employees’ rights. Therefore,whether the compensation system is perfect or not has many to do with theemployees’ interests. However, this kind of system in our country is quite simpleand mechanized, and also there is the problem of lack of execution on the regulation.This paper bases on the legislation of labor law in our country, combines with theadvantaged experience of foreign countries, proposes some suggestions to theimprovement of compensation system of illegal dismissal in china.The first chapter introduces the definition of illegal dismissal and other similarwords and phrases, in order to sort out the differences and connections of these similarconcepts. At the same time, analyzes the character of the compensation liability ofillegal dismissal, and makes a comparative study of compensation liability with otherillegal liabilities.The second chapter focuses on the legislation of labor law right now in our country,including the types of illegal dismissal and the standard of the compensation liability.On the basic of chapter two, chapter three analyzes of our current legislativeshortcomings, and points out the problems.The last chapter aims at resolving the issues that raised in chapter three, withreference to the provisions of the relevant foreign legislation, and draws lessons from the advantages of foreign legislation, proposes to refine the standard of compensationliability as well as the proposal to distinguish the liability of illegal dismissal betweenviolation of substantive elements and procedural elements.