Research On Fault Dismissal

Fault dismissal refers to an institutional arrangement in which the employee has a fault in the process of fulfilling the labor contract,and the employer can dismiss the employee immediately without paying the economic compensation to the employee.With the development of society and economy,the legislation of fault dismissal is lagging behind,and many problems are exposed.Based on the protection of the legitimate rights and interests of employees,this paper makes an analysis of China's legislation on fault dismissal,and seeks for the problems of fault dismissal.Secondly,by comparing and drawing lessons from the provisions of fault dismissal in foreign countries and regions,and combining with the actual situation of our country,this paper puts forward the perfect path of fault dismissal.This paper consists of six parts:The first part is the introduction.Mainly explain the research background,purpose,significance and research methods of this paper.The second part is the basic theory of fault dismissal.Starting from the connotation of fault dismissal,this paper discusses the concept of fault dismissal,its unique characteristics and constituent elements,and points out that the right of fault dismissal should be the right of formation.Finally,it affirms the system function of fault dismissal.The third part explores the reasons for fault dismissal.The main shortcomings of the legislation on the reasons for fault dismissal in our country are the weak adaptability of the legislation on the reasons for fault dismissal,the generalization of the scope of the reasons for fault dismissal and the ambiguity of the semantics of "serious violations".In this regard,this paper proposes that we should add a bottom clause for fault dismissal,limit the reasons for fault dismissal to the scope of fulfilling the obligations of the labor contract,and adopt the judgment standard of "serious violation" based on examples and multivariate considerations.The fourth part explores the limitation of employer's right to fault dismissal.The current situation of employer's right restriction of fault dismissal in our country is that the exercise period of employer's right of fault dismissal is absent and the restriction function of labour union is formalized.In this regard,this paper proposes that the exercise period of the right of fault dismissal should be clarified and labour unions should be given the right of joint decision on fault dismissal.The fifth part studies the remedial measures to protect the rights and interests of employees who are dismissed by fault.The current situation of the protection of employees' rights and interests in the process of fault dismissal in China is that employees lack the right of statement and defense before fault dismissal,and employees' economic rights and interests are not guaranteed during the period of public power relief.In this regard,this paper proposes that employees should be granted the right of statement and defense,and employees can apply for advance execution during the period of public power relief.The sixth part is the conclusion.On the basis of the previous research,this paper summarizes the contents of the full text,refines the main points of this article,and briefly elaborates the legal liability and supervision of fault dismissal,with a view to improving the arrangement of the system of fault dismissal in our country.