Study On Legal Relief System Of Improper Dismissal

The Japanese scholar Susumu Noda will be a country’ s labor laws compared to a running giant Ferris wheel, He looks the dismissal system as the shaft of the Ferris wheel, the Ferris wheel’s operation and direction is decided by materials and shape of the shaft. The metaphor vividly illustrates that the firing system is of great importance for the labor legislation.A country’s dismissal system not only have som ething with itself but also decide the operation of the whole labor legislation. Improper dismissal legal relief system is an important part of a country’ s fire protection system, We can see a country whether sufficient for the protection of laborer from that the f ire law relief system is perfect or not.Our country still did not write a single fire protection laws, the relevant provisions of improper dismissal legal relief system is regulated in the “the labor law”、“the labor contract law” and very less, that make th e current law can not effectively regulate the various improper dismissal behavior in real ity and the legal right s of laborer be no guarantee. For that, I put forward five opinion s on the basis of the theoretical basis of improper dismissal law relief system, the in-depth analysis and discussion of the world’ s most advanced industrialized countries’(Germany, Britain, France, the United States and Japan) improper dismissal of the legal relief system and combine with the defects of our current improper dismissal legal relief system to improve the labor lega l system and the improper dismissal law relief system.This paper is divided into four parts:The first part expounds the legal basis of im proper dismissal legal relief system. First of all, I analyze what is im proper dismissal legal re lief and its f orm of expression through to the relevant legal do cuments at home and abroad and dom estic scholars about the definition of improper dismissal; Second, regulating the actions of the improper dismissal and protecting the laborers who are violated through legal relief is the inherent requirement of building a harmonious labor relations, the need of maintaining social order stability and the em bodiment of the im plementation of prohibit abuse of rights principle, guaranteeing citizens’ labor rights and the realization of the right to lif e and society construction through discussing and analyzing the theory support of improper dismissal legal relief system- fire protection system.The second part an alyzes and discusses the fire protection sy stem of advanced industrial countries in the world. On the basis of re searching the improper dismissal protection system of Britain, the United States, Germany, France, Japan, I can conclude that the merit of those countries: complete fire protection law system; "Return" relief way is flexible; Give priority to economic compensation of legal remedy; Clear scope of the legal remedies.The third part introduces the current lega l relief system for im proper dismissal regulation and its existing problem s. First, from the perspective of the whole im proper dismissal legal relief system, legal relief way of procedural and substantive im proper dismissal to general provisions; Second, this part analyzed the problem s of the wa y to continuing to perform the labor contract law relief, including lack of the judgm ent of continuing to perform the labor contract is no t feasible, lack of altern ative enforcement mechanism to continue to perform the labor contract regulation, la ck of regulation of during improper dismissal wage loss compensation; third, this part analyzes the existing problems of relating provision s of econom ic compensation; including conceptual confusion of the economic compensation and economic compensation, the calculation of economic compensation is not reasonable; Fourth, lacking of the link age between the cancel the warning notice and workers tim e; Fifth, to our country legal relief provisions about the improper social fire are discussed; Fifth, discussing the lack of legal relief provisions about the improper so cial fire in our country; Finally, I point out the limitations of the role of the union during employee remove labor contract.The fourth part puts forward the sugges tions of perfecting our country’ s improper dismissal legal relief system. On the basis of absorbing the good elem ents foreign legal system s and combining with the real need of laborers, I put forward to detailing the legal relief legislation in violati on of the firing process; perfecting the current legislation of relevant provisions on the c ontinue to perform the lab or contract; refactoring the calculation of econom ic compensation; introducing the social im proper dismissal and legal relief system and giving full play to the role of the union.