Research On Legal Remedy Of Employer's Illegal Rescission Of Labor Contract

Disputes over illegal termination of labor contracts by employers are common in labor disputes.The illegal termination of the labor contract by the employing unit undermines the harmonious labor relations and infringes on the legitimate rights and interests of the workers.Therefore,in the case of illegal termination of labor contracts by employers,how to make workers get more effective relief is the key to solve labor disputes,and also the purpose of judicial relief.The legal remedies for illegal termination of labor contracts by employing units in China are mainly embodied in the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China.Although they occupy a small space,the remedies and some applicable rules are clearly defined.With the rapid development of the labor market,the existing legal remedy system has been effectively applied in judicial practice,but also exposed some problems.For example,it is unfair to apply relief means indiscriminately.For the application of remedy means of "continuing to perform the labor contract",there are some problems,such as the legislative purpose of giving priority to the application of "continuing to perform the labor contract",the lack of criteria for judging "not continuing to perform the labor contract",and the difficulty in executing the judgment of "continuing to perform the labor contract".For the more widely used "compensation" relief means,there are also unreasonable calculation standards of compensation and confusion between the concept of compensation and economic compensation.The emergence of these problems reflects the need for further refinement and improvement of the existing relief system.Through case statistics,this paper understands the application of illegal termination of labor contract in judicial practice by employing units,and combines with the basic theory of law to analyze its problems.At the same time,it reasonably absorbs the good theory and practical experience of foreign remedies for illegal termination of labor contract.It is believed that the improvement of this system requires classified remedies for illegal termination of labor contract by employing units.We should clarify the judgment criteria of "unable to continue to perform the labor contract",reconsider the calculation criteria of compensation,improve the protection mechanism of workers' rights and interests during the period of judicial relief,consider the substitution of "unable to continue to perform" judgment execution,and strengthen the unified trial criteria of adjudication and adjudication.Establishing a scientific and reasonable legal remedy system for illegal termination of labor contracts not only balances the interests of both workers and employers,but also protects the legitimate rights and interests of workers,and is an important way to build a harmonious labor relationship.