The Study On Employee Legal Protection Against Wrongful Dismissal

The firing system has important significance and status in the field of labor law,and the whole direction of a country's labor law depends on this system,and the illegal dismissal is an important part of the firing system.China has the largest population in the world,the employment pressure is large,and the labor market is obviously oversupplied,and the employing unit occupies the leading position.Therefore,in practice,the workers who have been illegally dismissed by employers have become the focus of more and more attention.Although the labor contract law of China is concerned with the relevant provisions of illegal dismissal,there are some problems,which can't fundamentally protect the worker's legitimate rights and interests.This article through the research contents of wrongful dismissal decided that the reason for the existence of the factors,as well as foreign rules,will our country through analyzing the current problems existing in the perfect suggestions,in order to better improve the relevant laws and regulations on illegal discharge in our country,to better protect the rights and interests of workers.This paper makes a detailed analysis and research on the concept,identification factors and reasons of illegal dismissal.Through the analysis of the concept,the deeper understanding of illegal dismissal;Through the analysis of the identifying factors,a clear understanding of which conditions will constitute illegal dismissal is formed.By analyzing the reasons of illegal dismissal,we can better understand the deep understanding of many cases of illegal dismissal in practice.Through research about related wrongful dismissal protection in the labor force at home and abroad,in the United States,Germany,France,for example,detailed Outlines the relevant systems of the three countries,analyzes the advantages and disadvantages of these systems,as well as the reference to our country.Then,the relevant regulations in China's current law are elaborated in detail.Through the first two parts of research and analysis,it is concluded that the main problem existing in Chinese legal relief for wrongful dismissal is about "the labor contract can't continue to perform the" the rules of the fuzzy,damages calculation is too single,lack of wrongful dismissal wage payment during the period of the law and the provisional remedy lack of laborers.According to the foregoing problem research papers from perfect "cannot continue to perform the contract,the relevant provisions of the" perfect compensation calculation,increasing the laborer during the course of a wrongful dismissal wage payment,the relevant provisions of the increase for the temporary relief of laborer measures the concrete improvement measures are put forward.