On The Protection And Perfection Of The Legal Rights Of Employers

The development of the market economy of the western developed countries is mature and the labor legal system is also improving in the long-term reform and adjustment.The labor law of our country is relatively late,and it is an important way to perfect the labor legal system in our country.The labor law system model represented by the United States,Germany and Japan is typical of the international community.They are relatively mature in the protection of workers and the protection of the legitimate rights and interests of the employing units,mainly in the labor contract and the fixed labor contract System,etc.,although China's current labor legal system draws on the international experience outside the domain,but there are still many gaps,such as the employer's legitimate rights and interests protection.“Tilt protection principles” is the basic principles of Chinese Labor Law.It is the legal basis of the tilt protection principles that subordination of labor relation determines the nature of industiral relations where employers hold a dominent position.The Labor Contract Law prefers the protection of laborers in adjusting the relationship between employers and employees.The Labor Contract Law of China embodies the intention of protection for laborers,especially in the detals,such as unfixed-term labor contract and the right of unilateral notice of dismissal of workers.With the implementation of the Labor Contract Law,there is a hot debate about overprotection for labors in recent years.It is pretty controversial to stipulate the rescission of a labor contract on labor's unilateral will and the termination of the labor contract during the probation period and labor dispatch.To some extent,such stipulations restrict the enterprises rights in excess.That is not only inconsistent with the purpose of the legislation-establishing and developing a harmonious and stable employment relationship,but also contrary to the benefits of employees.Moreover,it does not mean that the law should protect the employee without any limit.The purpose of the protection of tilt is to improve the weak position of workers to achieve their substantive equality with the employer,and ultimately achieve a balance between the interests of the two.This thesis takes the realistic situation in which “Labor Contract Law” is implemented as the starting point.First,the writer elaborated the legislative localization and value orientation of the labor contract law,and the necessity of protection the legal rights of the employer;Then,the writer analyzes the current situation of the protection of the legal rights of the employer at home and abroad;For example,America,Germany and Japan three to terminate the labor contract the difference of mode,the lifting of the labor contract system comparative analysis of the causes,and points out that China should learn lessons.On investigating the labor systems of other countries,we found that most of them take the contracts without a fixed period system as the normal method and use the contracts with a fixed period as exception,such as lifetime employment system in Japan and non-termly labor contract system in America,but our country is just on the opposite side.In order to complete our labor dispatch legal system,it explores some foreign countries and tries to found some perfect legislative proposals through the research about the legal system about America,Germany and Japan.Moreover,the writer discusses the defects of the protection of the legal rights of the employer in China,and finally puts forward the pertinent perfect suggestions.That is,to distinguish between the types of labor contracts to explain the conditions of the unilateral release of workers,the appropriate provisions of the employer unilaterally remove the right to try to terminate the labor contract,what is the proof of the burden of a reasonable distribution,the appropriate restrictions on the scope of labor contracts without fixed period.Fixed the right to terminate the contract,improve the social security system,so that the trade unions to play a role in improving the labor dispatch of "equal pay" provisions,a clear responsibility for labor dispatch,so as to improve China's labor legal system.