Research On The System Of Legal Remedy Of Employer Unfair Dismissal

According to the relevant legislation of ILO conventions and many countries，theemployer to the employee layoffs need legitimate reasons,follow properprocedures,t.he employer violates the provisions need to bear the responsibility ofunfair dismissal.Under the existing legal system,although our country have relatedlaws and regulations to protect the workers,but they did not consider the employeewages, seniority, remaining working years, looking for other work cost factors indetermining the employer liability,maneuverability is not strong.Even workers seeklegal relief, is also very difficult to be effectively implemented.We should drawlessons from the overseas experiences, aiming at the problems, improve the relevantlegislation, establish operational and safeguard improper dismissal law relief system.Relevant cases according to unfair dismissal,mainly uses the way of empiricalanalysis, literature research, through the legal perspective and through legal means tosolve the social problems.Based on the current status of occurrence on China’s unfairdismissal were summarized, in our existing legal framework, the theoretical analysisand the absorption of foreign experience, improve the labor law of our country, toseek legal relief.The full text is divided into four parts, the first part is the basic theoryof improper dismissal law relief system, including the meaning of unfair dismissal,the constitution and the improper dismissal relief necessity; the second part is theanalysis of foreign unfair dismissal relief system, including the major industrializedcountries Britain, the United States, Germany and China’s Taiwan region wrongfuldischarge relief system, the other major industrialized countries of wrongful dismissalrelief system, found its merits, and absorb the excellent experience;the third part isour country’s wrongful termination relief and insufficient system present situation,mainly introduces the existence of unfair dismissal law relief system of China’s "laborcontract law" and the law of defects and judicial problems in the program; the fourthpart is to improve the unfair dismissal relief system in China, mainly from the perfectcorrelation the law and the two aspects of judicial procedures for analysis, throughperfecting legislation technology, thinning compensation calculation method to makeup for the loopholes in the law, perfect the legal relief system of unfair dismissal.The function of law is not only a declaration of rights, is pursuing the realization of rights.Full protection and relief workers in a weak position in the interests balance theinterests of both employers and employees, the development of harmonious laborrelations needs. According to the deficiency of current our country a lot of wrongfultermination provisions of the events and the related laws, the author hopes thatthrough this research improve the improper dismissal of the legal relief channel, inorder to achieve the purpose of protecting laborers.