Research On The Legal Problems Of Dismissal Protection

At the end of the twentieth Century economic globalization and information technology revolution is coming, so the survival of enterprises operating environment has undergone rapid change, labor relations have also changed. The old employ habits changed gradually, employment and labor management pattern presents diversification.between the worker and the employer position became confused, power decline gradually, produced a lot of controversy. According to the traditional civil law in the field of theory, the employing units to assume responsibility for the breach of arbitrary dismissal of workers, so the survival rights of will be harmed. It is because of the inability to overcome the limitations of private law, the problem not only in the dismissal of the labor contract system within itself to seek solutions, but also necessary in the labor contract system outside the framework of seeking solutions, to dismiss the power limit system produced therefrom. The right to dismiss the constraints of the problem, as the protection of laborers’rights and interests of enterprises alternate intersection, demonstrate social law to laborer party inclined protection thought. Fire is the employer unilaterally and terminate the labor contract workers in a way, the reality of both sides of labour and capital essence is in a state of imbalance, and the dismissal protection system is an important way to realize substantive justice. Therefore, if there is no reasonable, legitimate reason, the employer should not make workers are out of labor relations in state.Dismissal protection system relates to the civil law, labor law in two areas, interdisciplinary research methods is essential, in addition, in order to better carry out demonstration, this paper uses the standard analysis method and comparative research method.The first part of this paper discusses the limitation of the right to hire legal, dismissed the concept, function, types are expounded, and discussed with fire practice about the firing of restriction of right of the several theories.The second part of this article in the comparative analysis, absorb the United States, Germany and Taiwan to dismiss the power restriction system of theory and practice based on the results, closely around the fire the substantial conditions and elements of the procedure are discussed.The third part of this paper is to our country the status and defects of the dismissal system. Analysis of China’s fire, fire, Fire Trailer period for economic compensation and its defects.The fourth part of this paper in view of the preceding chapter stated reasons for dismissal notice periods, dismissed, dismissed the economic compensation defect, put forward to perfect the proposal.