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Fire Limit Legal Problems In The Labor Contract Relationship

Posted on:2013-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:H J DiaoFull Text:PDF
GTID:2246330395950090Subject:Law
Abstract/Summary:PDF Full Text Request
Dismissal is the specific form which the employer for some reason unilaterally terminates the labor contract, which reflects the two different rights conflict between the employee’s survival right and the employer’s employment freedom right. Therefore, the issue of the restrictions against dismissal has been the bone of contention in labor legislation during the different historical periods. To research this issue should take pragmatic and multidimensional perspective, which would not only help to define the status quo of our country, and will undoubtedly play the original and radical role for the future development of our country’s labor registration.The main body of this Thesis includes four Parts.Chapter one of this thesis analyzed the basic concept of the dismissal right and by the means of issue-oriented study method. Try to review the present conditions of our legislation regarding the restrictions of dismissal. Issues included herein:the unclear prohibitions for dismissal, lack of the protections for special labor relationships and imperfect relief procedures.Chapter two analyzed the legal principle of the restriction against dismissal. Dismissal theory has experienced the evolution of theory, free dismissal, prohibiting dismissal right abuse, and just causes dismissal. And the employee’s right to work should be the priority when faced the rights conflict. Meantime, it points that the basic mode of restrictions on dismissal for America, Britain, Germany and Japan and points out the potential factors and summarizes the unique patterns of the countries.Chapter three from the angle of positivism, probing into the level of our country’ restrictions of dismissal are the good choice for evaluating the real degree of the restrictions. From "Labor Law" to "Labor Contract Law", the analysis of the restrictions legislation status quo is reasonable. With three dimensions, we can conclude that the degree of our country’s restrictions against dismissal is not intense. On the contrary, the degree makes enough room for the reform and completion of current legislation.The fourth chapter is the proposals for the restrictions against dismissal system. Basis on the main drawbacks, it points out that we can improve and reform the dismissal system through three choices, which means, the appropriate dismissal procedure, the different application in legislation and the completion of the collective regulations. In addition, one unified, clear and specific dismissal system with Chinese characteristics will be made.
Keywords/Search Tags:restrictions against dismissal, dismissal cause, dismissal proceduredismissal relief
PDF Full Text Request
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