Research On The System Of Illegal Expulsion Compensation

The Labor Law of the People's Republic of China(hereinafter referred to as the "Labor Law")implemented by the People's Republic of China on January 1,1995 and the Labor Contract Law of the People's Republic of China(hereinafter referred to as the "Labor Contract Law" In Chinese labor legislation has a milestone significance.Since then,the protection of labors will no longer rely on the relevant provisions issued by government departments but rose to the legal level.But compared with other department laws,Chinese labor legislation is still not mature enough,and compared with the developed countries also have a large gap.The laborers workes in the employers,the employers also derives some kind of "power" to the laborers,and the power likes a tiger that has claws,lookes around,so shut in the employers' power to the law of the cage has been very urgent.Stability is the primary demand for most labors.A lot of labor legislation,represented by our labor law and labor contract law,is set up on the principle of "tilt protection" and set up multiple restrictions on the dismissal of laborers in the procedure and in the entity.With a view to the employment of workers,the stability of the right to achieve better protection,but on the practical level,the phenomenon of workers in dismissal by the employer illegal occurred frequently.In addition,ChineseLabor Contract Law provides for the workers in the employing units after the illegal dismissal of relief has to continue to fulfill the labor contract or payment of compensation.However,in the employment of workers after the illegal dismissal of the compensation obtainesis still unreasonable.Moreover,ChineseLabor law and Labor Contract Law stipulates that labors that workesin the employing units after the illegal dismissal need to bear the burden of proof,which increase the difficulty to maintain their rights.In order to help laborswho workes for employer after the illegal dismissal to be able to obtain more appropriate compensation,the authorwantes to analyze the phenomenon and hope to find solutions.The article is divided into six parts.The first part of the article brifly introduced the concept of illegal dismissal and its situation.Then distinguishedthe concept of compensatory damages,punitive damages,the compensation.The second part of the article mainly introduces the development process and function of the relevant legislation of the system of illegal dismissal compensation in China from a historical perspective.The third part of the article mainly takes the world's major industrialized countries,such as the United States,Britain and Germany as reference to analyzethe foreign dismissal and compensation system,and summed up these countries' experience.The fourth part of the article is mainly from the labor contract law Article 87 of the two times of the calculation of compensation,the absence of trade union functions to analyze the Chinese illegal dismissal compensation system existed defects.The fifth part of the article is from the explanatory theory and legislative theory,expands the interpretation of the function,wages,trade unions respectively,and takesthe German reconciliation system as a reference to design the mediation system whichmeeted the condition of China.Then provides a feasible way to perfect Chinese illegal dismissal compensation system.