A Research On The Justification Of Disciplinary Dismissals

Employers directly affect workers' core interests by dissolving a labor contract,for disciplinary dismissal deprives workers of employment without any compensation.However,workers' illegal behaviors are regarded as right reason for the dissolution of a labor contract,which makes it difficult to judge whether a dismissal is disciplinary or not.And the critical degree of disciplinary dismissal is paid less attention by theoretical researches and judicial practices.The present study is to investigate the legitimacy of disciplinary dismissal,to urge the construction of the legitimacy of disciplinary dismissal,and to improve the remedies for improper dismissal,which is beneficial to workers,employers and the society.It's quite irregular for Chinese legislation on the provisions of illegal dismissal,for it just regulates that employers have the right to dismiss the worker who violates the regulations seriously,while the definition and degree of concrete ill behavior are judged by employers only.Gurrcently,in the process of formulating rules and regulations,the democratic process makes no difference.So do the system of labor filing,which works little.Employers impose the disciplinary dismissal on workers according to unreasonable rules and regulations,which is like poison and threats the legitimacy of disciplinary dismissal.At present,the democracy and the rule of law in Chinese enterprises is in a relatively low level,and legal talents are in demanding.What's more,employers are in a weak sense of law and cannot judge the degree of illegal behavior.Some employers tend to pay more attention to "rule of people" and "efficiency",and less attention to "rule of law" and "rights".Thus,they possibly set strict rules and regulations for their own interests,and impose a disciplinary dismissal on workers when they make a little mistake.This will cause an illegal disciplinary dismissal.When workers sue for the illegal disciplinary dismissal they suffered,the judiciary office won't examine the legitimacy of the rules and regulations which is the basis of disciplinary dismissal.In addition,the limitation of a country makes it happen that the judge and the arbitrator cannot quote a jurisprudence or judicial jurisprudence in a judgment in the absence of a clear provision of legislation.They usually avoid the problem of the legitimacy of the rules and regulations,and relieve the workers with other relatively safe reasons.However,this is irregular and non-systematic.After exploring the root of the improper disciplinary dismissal from the aspects of the national legislation,the employing unit and the judicial organ,the present study puts forward the idea about the construction of the disciplinary dismissal.This idea holds that judiciary office should be clear the meaning of legitimacy,should respect the individual labor rights and collective labor rights,and should also make a clear standard of discipline.The review records of rules and regulations should be established to promote the rationalization of rules and regulations.The final principle should be strictly followed.The system of graded disciplinary punishment should be built,by which workers can be punished justly.The procedural regulation of disciplinary dismissal should be enhanced.The procedures of disciplinary dismissal should be regulated.And the time of revocation should be determined.In the aspect of judicial relief,the right of examination should be granted to the judiciary office to check the legitimacy of the rules and regulations.The compensation of reinstatement should be regulated clearly.The ways of economic compensation should be reconstructed in order to achieve the judicial relief of workers.