Research On The Legal Problems Of The Continued Performance Caused By The Illegal Discharge Of Employment Contract

In the case of any employer discharges the employment contract illegally,article 48 of the employment contract law gives the worker the right to request for continued performance of the contract.Meanwhile it specifies that if continued performance of the employment is impossible,the employer shall pay damages to the employee as an alternative remedy.But the law does not specify the circumstances under which the employment contract is unable to continue to perform,thus causing a lot of confusion in the judicial practice of labor disputes.The judges may have different understandings when facing the same case.Thus this paper attempts to investigate the legal problems of the failure of continued performance based on the theory of imposiibility ofperformance of contract,discriminate the similarities and differences in theory,clarify the particularity of employment contract.This paper also attempts to point out the main types of employment contracts that are impossible to continue to perform through the analysis of a large number of cases on the basis of the theory,trying to provide a reference for the judicial practice.