Legal Regulation Of The Abuse Behavior On The Right To Liberate Hiring Of Enterprise

The right to liberate hiring of enterprise refers to the employer in the case does not violate the relevant laws and regulations of the country,according to the needs of the unit and the situation of workers,independent decision to recruitment,recruitment,resignation and other related issues.The right to liberate hiring is the embodiment of enterprise autonomy in the allocation of human resources,is the enterprise to pursue the interests of the maximization of the process of indispensable rights.However,in the course of practice,there are some enterprises can not reasonably maintain the balance between the use of the right to liberate hiring and the protection of workers' rights and interests,and disputes with workers.Nowadays,the scope of the right to liberate hiring of enterprise is increasing.In the opposite,the laws and regulations related to the abuse behavior on the right to liberate hiring should be perfected,and at the same time,the overall culture of laborers in our country is increasing,and awareness of the rights continue to increase,which led to the relevant labor disputes have been increased.Private enterprises as the most dynamic part of the social economy,the question of their autonomous right the relevant issues and more embodied in the type of diversification,content complexity,we will study the right to liberate hiring of private enterprises,for the promotion of the right to liberate hiring in the relevant provisions to adapt to economic development is important.This thesis firstly based on three cases related to the abuse of employment autonomy,the author analyzes the controversial focus of these three cases,and points out that the deep reason of the case is due to the imperfect regulation of the abuse of labor autonomy in the labor legal system.And then we studied the general theory of labor autonomy,and pointed out that the most important aspects of abuse of employment autonomy are the three aspects of recruitment,transfer and dismissal of the autonomy of abuse.On the aspect of recruitment,we proposed that employment discrimination enlarged laborers' unequal employment.However,China's labor law system is relatively lack of regulation in this regard.Based on anti-employment discrimination on the outside of the restrictions on the autonomy of recruitment,we peoposed the ideas to improve the legal provisions,the establishment of specialized agencies to enhance the role of non-governmental organizations to regulate employment discrimination and thus regulate the autonomy of recruitment.On the aspect of transfer,we coucluded that only the collective contract and the law can be used as the basis for the unilateral transfer of the employing unit.Compard with foreign conditions of theory and practice on the transfer,we pointed out that there are some problems in the process of the exercise of the autonomy of our country,such as the ambiguity of the post requirements,the unequivocal condition of the guarding and the inconsistent standards of the consensus.Then we put forward the proposal of increasing the explanation at the legislative level and setting up the specialized institutions at the law enforcement level.On the aspect of the resignation problem,we pointed out that the existence of the relevant standard is not clear in the case of faulty dismissal and non-fault dismissal.In the economic layoffs,there are still some imperfect standards.Compard with foreign conditions,we puts forward some suggestions on the overall standard of the right to liberate hiring,such as: increasing the principle stipulation in the legislation,supplementing the content of the labor contract,regulating labor norms,regulating the judicial interpretation of the relevant provisions,regulating the relevant procedures of relevant provisions to make right decisions.In the judicial interpretation of the relevant provisions of the rationalization of the relevant provisions to enhance its operability.At the legal level of implementation,specific departments should be set up in the Labor Disputes Committee to deal with the problems of the autonomy-related disputes,and effectively carrying out the principle of honesty and the principle of taking into account the interests of both employers and employees Based on this,without prejudice to the provisions of the law,we aim to promote the employer to fairly arrange resources,pay attention to safeguard the rights and interests of workers,and promote the establishment of harmonious labor relations.