Research On The Restriction System Of Employer's Dismissal Right

The issue of the restriction of the employer's dismissal rights,as the intersection of the protection of laborers and the interests of business operations,embodies the idea that social law protects workers.The dismissal right referred to in this article refers specifically to the dismissal right of the employer in the field of labor law,that is,the employer can unilaterally terminate the labor contract with the laborer according to the Labor Contract Law.In fact,dismissal is the deprivation of the laborer's means of production.If it is not standardized,it is very likely to cause damage to the basic rights of citizens,the right to work,and thus trigger a series of social contradictions.Since the rise of the industrial revolution,the autonomy of enterprises has been expanding,and the phenomenon of "strong capital and weak labor" has gradually emerged in the society.The labor rights of laborers are facing severe challenges.As the basic human rights(subsistence right)and constitutional rights of citizens,the right to work is an important right in the system of rights with a higher level of effectiveness.When it conflicts with other rights(forces),it should be given priority by law.Therefore,it is imperative to clarify the list of employers' dismissal rights and clarify that the employer's dismissal rights are not unilaterally stipulated,and specific procedures and procedures need to be implemented to limit the abuse of the dismissal rights.This paper adopts research methods such as legal text analysis,comparative research,and normative analysis.Firstly,it defines the relevant concepts of the employer's dismissal restriction system,and expounds the concept,classification,legal nature of the employer's dismissal right,and the different doctrines of the necessity of the employer's dismissal right.It also sorts out the relevant employment of representative countries in foreign countries.The legal provisions of the system of dismissal of unit dismissal,summed up the enlightenment brought to China;analyzed the legislative status of the system of dismissal of employers in China,and proposed the current problems of the system in China;The relevant provisions and documents on the limitation of the dismissal of the unit,find out the obstacles encountered in the specific implementation of the system,and further propose corresponding improvement suggestions.Through the research,this paper finds that there are still many problems in the current system of dismissal of employers in China.For example,the supervision of trade unions is in the form,the process of economic layoffs is too simple,the dismissal is unclear,and the notice period of dismissal is unreasonable.Through the research,this paper believes that to improve the employer's dismissal system,we must first strengthen the supervision role of the trade union,including establishing the trade union hearing system,reforming the trade union organization structure,and establishing and improving the enterprise trade union coordination mechanism;for the protection of laborers in the process of economic layoffs It is necessary to establish a negotiation and negotiation mechanism with laborers,to establish an examination and approval system for labor administrative departments,and to create an employer's obligation to implement alternatives;in clarifying the legal reasons for dismissal,it is necessary to clarify the ambiguity of "serious violations" and "incompetence".The applicable conditions of the standard;in the improvement of the employer's dismissal notice period system,the proposal to establish a hierarchical notice period according to different types of workers is proposed,and the notification procedure is improved.