Constructive Dismissal System Research

Labor is the fundamental rights of citizens and safeguard the labor rights of citizens has been reflected in legal justice. In labor relations, the unequal status of the employer and the employee greater emphasis focused on protection of the law. However, the reality of labor relations remain the responsibility of the employer to circumvent the law, the use of force workers to resign the way labor contracts, resulting in violations of the legitimate rights of workers, how to protect the legitimate rights and interests of workers must pay attention to. The value of law is justice and order, justice embodied in labor relations and protection of the legitimate interests of the employer to avoid workers tired of complaints, in order to its own stability of labor relations. Of presumed dismissal as a maintenance worker combined system of equity, on the one hand to fill the employer forced workers to resign to protect the legal gaps, it also ensures the exercise of legitimate rights and interests of workers within the legal framework. This paper aims to study the typical case, analyze the focus of controversy and court decisions, binding legal provisions and theoretical studies to clarify the concept of presumed dismissal, finds that the responsibility for the maintenance of hope has legitimate rights and interests of workers, improve relevant laws and regulations of the Labor Law benefit.The main body surrounding the cases cited, the standards and presumption of employer liability mainly from two aspects bear dismissal of presumed dismissal system research. This paper is divided into three parts, the first part through case analysis and its main point of contention presumption dismissed the application in practice, pointing out the importance of addressing the estimated disguised dismissal for workers to lift contract, legal practice has been dismissed on the presumption clearly applies, however, there are still the standards and responsibilities are not clear, which is the main point of dispute cases; the second part focuses on the identification of presumed dismissal, dismissal by the relevant legal presumption to clarify, and point out the nature of presumed dismissal main types. Nature is presumed dismissal fundamental breach of the employer forced workers to resign behavior, to further clarify the presumption connotation dismissal system, it is recommended dismissal clear presumption that standard, the standard avoid uncertainty caused by loopholes in the legislation, the employer shall comply with the standard shall have the intent to terminate the labor contract, the employer fundamental breach of contract, and other elements of rationality of workers resign; third part of presumed dismissal responsibility of the employer to bear, pointing out that the legal liability of the employer should bear. Employer fundamental breach of contract, whose responsibilities include but are not limited to financial liability, but also bear the responsibility of workers to return to work, which is the system of presumed dismissal particularity lies.