Research On The Legal Issues Of Illegal Dismissal By Employers

"Labor Contract Law" promulgated and implemented,the employer's right to dismiss from the contract can be agreed to dismiss only the statutory dismissal.In practice,many employers have distorted the understanding of the circumstances and causes of dismissal in the Labor Contract Law,the illegal dismissal of the dismissal,the infringement of the legitimate rights and interests of laborers,and the illegal dismissal of "incapacity" Units in order to unilaterally terminate the labor relations,in the labor contract and the workers agreed that the so-called "no competent work" situation,the use of the so-called "assessment system","the end of the system","sales" Can not do the job ",so that regardless of whether the workers really" can not do the job "as long as the contract does not meet the conditions of the contract,that is,the acquisition of the employer to obtain the right to dismiss the workers.This article will start from three typical cases,a detailed analysis of whether the employer through the labor contract agreed to obtain the right to dismiss the same time the employer can sign a labor contract with the workers agreed "no competent work" situation.Through the discussion of theseissues,it is suggested that the employing unit can not obtain the right of dismissal through the labor contract in advance.The labor contract and the laborer can agree to the situation of "no competent work",but these circumstances shall not violate the law.This paper analyzes the specific manifestations and social harm of illegal dismissal from the perspective of "no competent work",analyzes the shortcomings of the relevant legal system on the illegal dismissal,and puts forward the criteria of perfecting the "incapable of working" Increase the illegal dismissal of illegal costs and other recommendations.To better punish the employer's illegal dismissal,and effectively protect the legitimate rights and interests of workers,the establishment of a harmonious labor relations.This paper is divided into three parts:The first part: This article selected three "Zhao Mou v.Nantong Ken agricultural company case","Wu Dali and a company economic compensation dispute case","Chen Daqiang and a company labor dispute dispute case" and other unilateral employer to terminate the labor contract Case,after a brief and refined introduction of the case and the court ruling results,the progressive analysis of the people's courts at alllevels of the three different views of the case and extract the views of different views and condensed into the case of the controversial focus,from the whole three The case reflects the common problem,to extract the focus of the case controversy,from the employer whether to obtain the right to dismiss,to the workers "can not do the work" of the standard and so on are in-depth analysis.The second part is a legal analysis of the related issues of "incapacity to work" for illegal dismissal.Through the elaboration of the concept and characteristics of illegal dismissal and the question of whether the employer and the laborer agree in the labor contract whether the legal work is legal or not,such as the legitimacy of legal regulation and so on,it is concluded that China's labor law is illegal The conduct of the act,and the protection of the illegal dismissal of workers.The third part of the first part of the case according to the brief introduction of the case of the focus of the problem reflected through the case of the case presented to study and summed up in China's current legal atmosphere,the employer illegal employment of labor contract space,how can Without prejudice to the legitimate interests of workers and theemployer can take into account the normal operating order of practical recommendations.