Illegal Dismissal Legal Relief Problem Research

Fire is the most sensitive part of the operation of labor relations, involves the differentinterests between the fierce conflict and collision.Require employers to fire with legitimatereasons, after give employees who has been dismissed by the illegal relief right is animportant part of fire protection.In our country, after the worker who has been dismissed bythe law, enjoy the requirement to continue to perform the labor contract or claim of right ofrelief.However, due to the labor contract is the identity of the features that make our countryface the sentence continue to perform the labor contract, the difficulty of execution, andunlawful dismissal compensation calculation also has its disadvantages.Combination of theworld’s major industrialized countries such as Britain, the United States, Germany, France,Japan’s comparison research, to put forward Suggestions of perfecting our country’s illegaldismissal of relief, from five most.The first part is the cause of action, the case introduction and controversy.With dongguan Tang Xia Yin Hu by Wan Li kindergarten labor dispute dispute cases, induces twocontroversial focus: for one Yin Hu kindergarten Wan Li fired whether belong to illegalfired;2it is in the labor contract with Yin Hu kindergarten should continue to perform.At thesame time, the court ruled for ascertaining the facts and reasoning are found in some problemsworthy to be discussed.The second part illustrates the concept of illegal fired first, and compared with othersimilar concepts, clarifying the differences and relationship between the concept of thesimilar.On illegal fired and considerations are discussed in this paper.Usually believe thatillegal fired identified factors considerations, unit of choose and employ persons is inviolation of the requirements specified in our labor legislation about the fire reasondemonstration and prohibitive fire reason.Through the analysis of "labor contract law" theprovisions of article40,41two different firing procedures set by the reason, I think, illegalfired identification factor for unit of choose and employ persons firing legitimate or not.The third part of modern social illegal dismissal liability: return (return), moneycompensation, labor relations made a brief introduction of the administrative penalty.The fourth part, from the three aspects reflect on illegal dismissal liability in our country,at the same time points out that the improper firing range in our country, there is fireprotection "inadequate" and "excessive" problem.The fifth part is to perfect our country illegal fired relief way of thinking, including three major points:(1) perfect thinking to continue to perform the labor contract.This paperprovides two perfect measures: one is the applicability to "continue to perform the laborcontract" relief way, we can consider to enjoy the same options given unit of choose andemploy persons and laborer.The second is to set up the labor contract continue to perform thedecision alternative enforcement mechanism, make workers can choose suitable for their ownrelief way, at a reasonable and effective to solve the labor dispute;(2) the change of unit ofchoose and employ persons fired because of legislative mode.The fire reason can stipulate forthe combination of enumeration and generalization type, in the manner provided to replacethe original single enumerated type, and increase out sexual terms make up the shortfall.