Research On The Right To Claim For Remuneration Of Workers During Illegal Dismissal

Ensuring the realization of the right of claim for remuneration of workers during the period of illegal dismissal is the proper embodiment of effectively safeguarding the legitimate rights and interests of workers,and is one of the important foundations of maintaining the order of the labor market.In the past,the research on the right to claim remuneration of laborers during illegal dismissal in the law circles has been relatively less on the problems and Countermeasures of the exercise of the right to claim remuneration.In recent years,domestic scholars have gradually paid attention to the legal problems of the exercise of the right to claim remuneration of laborers during illegal dismissal.With the continuous development of the market economy,the number of labor disputes in our country is increasing year by year.Among them,the cases in which the laborers claim to pay labor remuneration account for a large part.In reality,there are many kinds of cases and the reasons are different.However,what this article introduces is the most easily neglected part in daily practice,which is also an important part,that is,the exercise of the right of claim for remuneration of workers in the period of illegal dismissal of employers.This theoretical study can effectively protect the rights and interests of workers in a disadvantaged position,and can better reflect China's labor.The maintenance of the rights of the activists.In the process of writing the thesis,only some scholars in China have studied this kind of problem,but most of them are based on foreign laws and regulations and judicial practice.However,the research on the right to claim remuneration of workers during the period of illegal dismissal in China is not specific and complete.This article is different from other literatures and works in that it takes the insufficiency of employee's claim for remuneration during the period of illegal dismissal as the focus of legal issues to discuss and study.At the theoretical level,we also draw lessons from foreign research as a basis,and finally through the combination of theory and practice to analyze the more consistent with the status of China's labor market to solve the problem,so as to protect the rights of workers.This paper is mainly divided into the introduction and the following four parts:The first part is an overview of the right to claim compensation for workers during illegal dismissal.This part mainly introduces the concept,standards,legal effects and the significance of the right to claim remuneration of workers during the period of illegal dismissal for workers themselves,employers and the whole market order.The right of remuneration for laborers has put forward a more specific meaning on a certain theoretical basis.On the basis of the relationship between the two sides of the labor force,the importance of the worker exercising the reward claim weight during this period should be clarified.The second part focuses on the analysis of legislation on the right to claim remuneration of workers during the period of illegal dismissal.Mainly for Taiwan,Japan and Germany,through the comparison of these areas,find out the useful enlightenment and worthy of reference to our country during the period of illegal dismissal of workers'right to claim remuneration,such as the provisions for the period of dismissal objection,the deduction of intermediate income,whether the objection period should be shortened according to the actual situation.The third part sorts out the legal status quo and obstacles of the right to claim remuneration of workers during the period of illegal dismissal in China,from macroscopic legislation,such as the current situation of legislation in China on the right to claim remuneration of workers during the period of illegal dismissal,the loopholes of punitive damages,judicial procedures,such as the setting of a long period of dismissal objection,etc.Intermediate income deduction issues such as imperfect provisions and dispute handling link is too long;law enforcement supervision and management,such as the law enforcement supervision system is not rigorous analysis.From the microscopic point of view of the key issues of workers'request for payment,this paper makes an in-depth analysis of the above-mentioned practical problems in order to find a more accurate solution to the problem and provide a realistic basis for theoretical research.The fourth part is the proposal to perfect the right to claim compensation for workers during illegal dismissal.This part mainly concentrates on the suggestion of the above-mentioned focal point question,clearly shortens the dismissal objection period from the legislation aspect as well as the legislation regulation regarding the legal loophole,can urge the laborer right to actively exercise the reward request right after being infringed,as soon as possible solves the dispute between the laborer and the laborer,achieves the mutual benefit as far as possible.On the judicial level,in order to effectively realize the right of workers to exercise remuneration claims,give the judicial organs discretion,use legal principles to fill the loopholes of legal rules,to solve disputes in a more appropriate way,to avoid disputes over a long period of time without better protection of rights;from the perspective of law enforcement supervision We should implement supervision after the event,improve the ex post safeguard of laborers'rights,strictly regulate the illegal costs of illegal dismissal of laborers by employing units,and achieve the unity of legal and social effects.The innovation of this paper is not only to put forward the obstacles to the realization of the right to claim remuneration of workers during illegal dismissal,but also to put forward feasible suggestions from the practical level of obstacles combined with extraterritorial references,in order to solve the focus of labor issues to be solved urgently during the dispute.By using the comparative analysis method and combining with the protection of workers'right to claim remuneration during the period of illegal dismissal,this paper puts forward some suggestions on legislation,judicature and law enforcement.By using the method of empirical analysis,this paper puts forward corresponding countermeasures and suggestions on the legal issues concerning the protection of the right to claim for remuneration of workers during the period of illegal dismissal.