Research On The Continuing Performance Of Illegal Dismissal

The quality and effect of the continuing performance of the labor contract,to a large extent,is closely related to the perfection and science of the system of the continued implementation.The current labor law in China has given the workers the unilateral right of choice that requires the employer to continue to fulfill when they are in the illegal dismissal,but in terms of the applicable standards of the labor contract to continue to fulfill,the specific content,and the implementation of security mechanisms,it still is in lack of clear legal regulations,which often results in judicial practice to continue to perform the execution of the judgment in trouble.The nature of labor contract's performance is a way of breach of contract committed by the employer due to illegal dismissal,which purpose is to restore labor relations and safeguard laborers' stable employment rights.Therefore,we must construct the labor contract system of the systematic labor contract to continue to fulfill: first of all,to clear the concept,nature and the important characteristic of labor contract to continue to fulfill.Then in reference to the main foreign countries on the basis of the legislative practice of the labor contract to continue to perform we put forward specific ideas: first of all,from the legislative level,we could explicit the criteria for determining the ability of a labor contract to continue to perform and not continue to perform,the specific content and the payment standards of wages during the illegal dismissal and other measures,in order to maximize the protection of the rights of workers;and then from the practice level,we could support workers' right to continue their work in the illegal dismissal of objection period as appropriate,establish an effective guarantee mechanism for the continuing performance of the labor contract and take the flexible and alternative implementation measures,in order to improve the effectiveness of the execution of the judgment to continue to perform,which will be very helpful to solve the problems of the labor contract to continue to fulfill,and achieve the ultimate goal of promoting harmonious and stable labor relations.