On The Presumption Of Dismissal In China's Labor Right Protection

The right to work is an important part of the human rights system.It is the right to maintain the survival and development of laborers,and is the right to protect the freedom of laborers.The extent to which the protection of labor rights affects the realization of basic human rights of citizens.Protecting the labor rights of workers has always been a manifestation of legal justice.In labor relations,the legal value of law is embodied in the protection of the legitimate rights and interests of workers.In the labor contract,the employee has personal and economic attributes to the employer.In order to protect the worker's right to life,the labor contract gradually evolves from the initial freedom of dismissal to the dismissal limitation theory.In order to avoid restrictions on legitimate causes,employers gradually take measures to force or induce employees to resign.Because the resignation is not voluntary,if you fail to get relief after resigning,employers will continue to take measures to reduce the cost of dismissal to the detriment of the rights of laborers,resulting in the workers losing their jobs and not receiving the necessary relief.Under this circumstance,the presumed dismissal system emerged as a necessary safeguard system to safeguard the legitimate rights and interests of laborers.It not only fills the gaps in legal protection when workers are forced to resign,but also facilitates the exercise of laborers within the scope prescribed by law.The right to protect their own legitimate rights and interests.This paper compares and analyzes the presumption of dismissal system at home and abroad,compares and analyses the presumption system and the immediate dismissal system,and conducts data analysis and research on the application of the presumption of dismissal system in the judicial practice in China.It clarifies the connotation and essence of the presumed dismissal system and concludes Presume that the dismissal system has problems in protecting the right to work.Finally,based on the various problems that emerged,it borrows extraterritorial experience and puts forward rational suggestions for the correct application of the presumption and dismissal system in judicial practice.It hopes to improve China's presumption of dismissal system,improve the protection of labor rights,and realize the justice value of the law.