The Research On Dismissal Protection Of Workers Prosecuted For Criminal Responsibility

Article 39(6)of the "Labor Contract Law" in China stipulates that if the laborer is investigated for criminal responsibility according to law,the employer may unilaterally terminate the labor contract unilaterally.This section,regardless of plot,subjective,or disregarding consequences,adopts a “one size fits all” approach to limit all workers who are held criminally responsible or exclude them from the scope of labor protection.This is undoubtedly to push such workers to the edge of unemployment.Not only is it not conducive to their personal mental health and behavioral reform,it will also cause serious obstacles to the harmony and stability of the entire society.Therefore,how to improve the legislative norms of the unilateral and immediate dismissal of the employers in China who have been investigated for criminal responsibility has become a legal issue that needs to be resolved.The analysis of specific cases shows that the judicial dilemma faced by the trial of the unilateral dismissal of employers in China who are investigated for criminal responsibility is mainly reflected in three aspects.Including the issue of the time limit for the exercise of the right to immediate dismissal,the issue of co-occurrence of negligent crimes and work-related injuries,and the treatment of different criminal liabilities.Reflected in the system,there are mainly the following defects.First,it and other legally logical issues of self-consistency.Second,there is a lack of procedural restrictions on reasonable periods and restrictions on union supervision.Third,the effect is not conducive to the transformation of the perpetrators,and it is not conducive to the harmony of the employer-employee relationship.Therefore,it is recommended that the correct dismissal protection should be established on the basis of studying and referring to relevant systems in countries and regions outside the region.And further refine,supplement and reconstruct relevant legislative principles,substantive norms and procedural norms.Specifically,it is proposed to apply the principle of proportionality to the relevant legislative system.Based on subjective faults,personal liberty,the degree of job relevance,and other special circumstances,the scope of the objects of criminal workers who are investigated for the exercise of unilateral immediate dismissal rights is further clarified andlimited.At the same time,it should clearly set out the period of exclusion and strengthen the supervisory authority of the trade unions.Comprehensively improve related legislation from entities and procedures to safeguard the lawful rights and interests of workers who are held criminally responsible.And promote the harmony and stability of social development.