Research On Dismissal Due To Violation Of Professional Ethics

In recent years,labor disputes over dismissal of labors due to violation of professional ethics frequently occur.There is no relevant law for courts to rely on during the judgment.At present,the academic research on the dismissal due to violation of professional ethics is also rare.In this paper,the author takes 46 cases on the non-litigation case online and 5 typical cases published in various places as the starting point,leading to the theme that dismissal due to violation of professional ethics.Then,starting from the definition,content and nature of professional ethics,the juridical basis of the dismissal due to violation of professional ethics is introduced.It mainly includes four aspects:the explicit provisions of Article 3 of the Labor Law,the inevitable requirements for the autonomy of employment,the proper meaning of labor contracts,and the loyalty obligations of laborers.In addition,the author also analyzes 51 cases related to the dismissal due to violation of professional ethics,and summarizes the current judicial dissertation on the dismissal due to violation of professional ethics from three aspects,including rules and regulations,labor contract and loyalty obligations.According to the above analysis,the author believes that,based on the explicit provisions of Article 3 of the Labor Law,it is legal to dismiss labors who violate professional ethics.However,it may be considered to add to the seventh item which stipulates "and other acts that seriously violate professional ethics and cause serious impact on the employer" in Article 39 of the Labor Law,because of the current conservative attitude of the Chinese courts on this issue.So that dismissal due to violation of professional ethics has a more direct legal basis.Secondly,it is possible to directly stipulate the dismissal due to violation of professional ethics in the labor contract.Simultaneously,by drawing on the relevant theories of the implied terms of the labor contract in the Anglo-American law,it can also determine that observing professional ethics is the proper meaning of the labor contract,thus determining the legality of dismissal due to violation of professional ethics.Finally,the proposal of the employer is put forward from the specific practical level,so that it can better demonstrate the legitimacy of the dismissal due to violation of professional ethics in the current disputes.