Research On Compensation System For Illegal Dismissal

The right of dismissal is the labor law to the employing units,the affirmation of the freedom of employment,at the same time,in order to limit its free exercise of this right,better to provide safe employment for the workers in the weak position in the labor relations,the national labor law to the employing units of this right to set different degrees of constraint,if beyond the right limit,whether it is an entity or a procedural requirement is considered illegal,it is necessary to bear the corresponding legal responsibility.However,in judicial practice,how to determine the standard of illegal dismissal,the violation of the entity and procedure of dismissal is the category of illegal dismissal,all enterprises do not discriminate the application of the system of compensation for illegal dismissal,whether the existing standard of compensation is in accordance with the legal principle and the interests of both employers and employees need to be explained and resolved by the system of severance payment.The illegal dismissal of employing units and the clear definition of compensation system,deepen the dismissal protection system,to protect the interests of workers,build harmonious labor relations,improve the efficiency of economic operation,promote national economic development and social stability plays an inestimable role.Therefore,this paper studies the system of compensation for the illegal dismissal of the employing unit.This article mainly divides into four parts.The first part is the basic theory of the employer's illegal dismissal compensation system,it introduces the concept of the employer's illegal dismissal indemnity,mainly explains the employer,the illegal dismissal,and the compensation in the labor law.Finally,the paper draws the conclusion that the punishing nature of the employer's illegal dismissal compensation system and the function of maintaining harmonious labor relations and balancing the interests of both employers and employees.The second part introduces the relevant provisions of the foreign countries,including the United States,Britain,Germany,China on the illegal dismissal compensation system,drawing on the national director and according to the current situation of China's labor relations illegal dismissal compensation system of the actual conditions of the relevant reference suggestions.The third part introduces the relevant provisions of our current law concerning the system of compensation for illegal dismissal of employing units,summed up its existing shortcomings and deficiencies,mainly manifested in employing units no difference applicable illegal dismissal compensation system,the illegal dismissal of the "illegal" provisions are not clear distinction between the nature and the standard of compensation for illegal dismissal and economic compensation,at the same time,there are flaws in the determination of the amount of the compensation for illegal dismissal.The forth part is aimed at perfecting the defects of the compensation system for the illegal dismissal of the employing units.Firstly,defining the applicable subject of the system of the illegal dismissal compensation,and treating the liability of the small micro-enterprises for the further clarify the application of the employing unit which does not have the lawful business qualification.Secondly,to distinguish the applicable conditions of the employer's illegal dismissal compensation system,to reduce the "illegality" standard in the application of the "illegal" dismissal indemnity in the substantive law,and to exclude the applicable system of the procedure Law;again,Clarifying the determination standard of the amount of the employer's illegal dismissal compensation,allowing the superposition of compensation and compensation to apply.Finally,further clarified employers of illegal dismissal basis for determining the amount of compensation,including a number of factors to dismiss the employer subjective bad faith size of the offense,the comprehensive workers in the future may obtain remuneration and social welfare losses.