Wrongful Dismissal Remedy System Of-Take Sun Mou And W Company Labor Dispute Case As An Example

According to the relevant laws and regulations of the International Labor Organization,if the employing unit wants to terminate the employment relationship with the laborers,it must have legal justification as support,according to the dismissal procedure stipulated in the law,it must bear the legal liability of improper dismissal.Based on the current legal system,despite the introduction of a series of laws,however,the loss of the workers in the ruling did not consider the needs of their own life,salary income,length of service factors,such as the impact of the ruling results are biased.If the employing unit appears the practice of improper dismissal,even if the laborer through the judicial channels for help,it cannot fully guarantee the legitimate rights and interests of workers.Therefore,we can draw on the legislative model of the developed country and the experience obtained from the legislation of labor law,perfect the defects of the present legal system and system,supplement and optimize the legal provisions,and establish a set of legal relief system which can protect the laborers' lawful rights and interests and is very feasible.This paper starts with the cases of wrongful dismissal of employing units,uses empirical analysis method,literature inquiry method and so on,from the perspective of legislation and the use of legal remedies to deal with the problem of improper dismissal of workers by employing units,summed up and summed up the current situation of improper dismissal in China.Based on the existing basic legal framework of our country,the author uses the theory and practice analysis to absorb the advanced experience and achievements of foreign countries,further improve the system of improper dismissal of China and protect the interests of laborers through legislation.This article contains three parts:In the first part,the author analyzes the problem of the focus in the case,and leads to the remedy way of improper dismissal.The second part points out the definition of the concept of wrongful dismissal,including its meaning and category,and analyzes the cause of improper dismissal of employing units through real cases.The third part,by summarizing and summarizing the current legal relief system of wrongful dismissal in China,the following questions are summarized:the form of judicial relief which is set up to carry out the labor contract is not flexible and changeable,in particular,it contains the specific standards of "continuing to perform the labor contract",the lack of provisions on the relevant alternative enforcement system,It is unreasonable to make clear that the standard of salary compensation,the relevant provisions of economic compensation,and the number of accounting compensation are unreasonable.After analyzing these problems and drawing lessons from the legislative experience of foreign countries,this paper puts forward some suggestions.First of all,through legislation to clarify the specific circumstances of wrongful dismissal,set up a reasonable period of time to improve the dismissal process,furthermore,the construction of labor contracts to continue to implement the executive system,the economic compensation of the accounting methods to optimize and adjust,To further improve the supervision mechanism of labor administrative organization and trade union,hope that through the writing of this article,we can help to perfect the relief system of improper dismissal in China.