Analysis Of The Procedure Elements Of Labor Dismissal

The dismissal protection system in the labor law is an amendment to the freedom of contract.Dismissal protection is related to the right of enterprises to use their own labor,but also to the right to employment and survival of workers.Legislative setting of dismissal conditions and dismissal procedures can prevent employers from abusing the right to dismiss and protect workers' occupational stability.China's labor laws and regulations have certain requirements for the physical and procedural elements of dismissal,and a systematic dismissal protection system has been established.However,due to the complexity of China's labor relations and the hasty nature of legislation,along with changes in the labor market in recent years,such as imbalances in supply and demand in some areas,and increased informal employment(self-employment and flexible employment),The existing system sometimes fails to meet the needs of both parties in the labor relationship.It is reflected in the procedures as some links in the existing procedures and the connection cannot meet the needs of vulnerable workers for the protection of their rights.The balance between the rights and interests of laborers and the autonomy of employers regarding the degree of employment is achieved.If the dismissal procedure is not handled properly,it will inevitably affect the harmony of labor relations,and then adversely affect the stability and development of social production.Therefore,it is of great significance to study the procedural protection mechanism for dismissal,analyze the deficiencies in the current system,and improve the procedures.This article first summarizes the three basic theories of dismissal protection and the legislative propositions,leading to the dismissal protection system in China under the guidance of what can be classified as "just cause theory".Secondly,it explains the layout of the dismissal procedure stipulated in China's "Labor Contract Law".The general procedure includes 30 days' notice to workers and union procedures;special procedures include employers' payment of economic compensation and compensation for dismissal in violation of law.Finally,it explores the flaws and weak links in the existing dismissal procedure.By examining the earlier,more complete and detailed procedural provisions in the extraterritorial dismissal protection systems in Germany and France,it extracts valuable reference for the improvement of China's dismissal protection procedures.In terms of program design,different termination notice periods should be set according to the length of service of the worker and the nature of the post,and the delivery system should be improved.In the case of personal dismissal,a pre-interview procedure should be set up before the termination notice is sent to ensure full communication between the employer and the employee;Add reference dimensions for economic compensation,and reduce the scope of compensation appropriately according to the current overly strict payment situation.Corresponding to the payment of liquidated damages by employees,additional cases of liquidated damages paid by employers exist independently of economic compensations and compensations.In general,the procedure for dismissal should be tailored to suit the circumstances and the time,and the balance should be protected steadily without overturning either end due to the heavy burden.Only in this way can the balance between the interests of both employers and employees and the maintenance of stable labor relations effect.