Study On The Dismissal Of "Incompetence"

Dismissal,the key part of a whole labor relationship,is not only relate to the stability of the life of the workers,but also link the employers' right on labor selection."Incompetence" is a term of the article to the "Labor Law",which means employers can dismiss employees who is identified to be incompetent.While the vagueness and flexibility of the concept bring a wide range of controversy,"Incompetence" is worth to be studied on in this article.This article attempts to discuss the dismissal cause based on data analysis of relevant judicial cases,referring to three chapters as an overview of the concept of "Incompetence",empirical analysis of the judicial criteria on "Incompetence" and introspection and perfection on "Incompetence" dismissal.Chapter one is an overview of the concept of "Incompetence".Chapter one attempts to firstly explain the concept of "Incompetence" literally and legally,and differentiate synonymous concepts at the meanwhile,clarifying the content of"Incompetence " and laying the foundation for the subsequent discussion of this paper.Then comes an introduction of different theories,referring to "Objectivity Only"?"Combination" and "Compromise",on the identification criteria which caused by different perceptions about whether labor's negative attitude towards work should be considered in "Incompetence" identification.Chapter one lastly introduces relevant legal actions,including the emerging?development and existing legislations about"Incompetence" dismissal.Chapter two is an empirical analysis of the judicial criteria of "Incompetence".First comes with a basic notification about the method and process of colleting sample cases,and then shows the analysis of these collecting samples which leads to a conclusion on the considerable factors in judicial practice.Chapter three is a reflection and perfection of "Incompetence" dismissal.Chapter three firstly summarizes existing problems in the implementing of "Incompetence"dismissal refers to the previous data analysis,including rigescent legal definition of"Incompetence",confusions in judicial judgements,the only identification subject and so on.Secondly,there comes improvement suggestions as further refinement of cognizance standards,extension of the identifying subject,and denial of the consideration of employers'subjectivity in "Incompetence".