A Research On Legal Relief System Of Improper Dismissal

As one of the most basic social relations in social life,the operation of labor relations not only directly affects the process of economic development,but also has a significant impact on the construction of a harmonious society.Dismissal directly determines whether the labor relations can be established and continue to operate Therefore,the study of dismissal system is the top priority in the study of labor relations.Extraterritorial regulation of dismissal behavior is more stringent,especially for the improper dismissal behavior with a comprehensive relief procedure.China's regulations on legal relief system for improper dismissal are scattered and unreasonable,which can not reflect the legislative spirit of labor law that is inclined to protect workers.Therefore,the system needs to be constantly improved.so that workers can use the law as a weapon to protect their rights and to balance the interests of workers and employers and to achieve the goal of harmonious labor relations.China's labor legislation does not stipulate or explain improper dismissal,but only enumerates cases of illegal dismissal.Moreover,there is no specific provision for anti-social dismissal,but such dismissal is actually without a legitimate cause,so it should be included in improper dismissal together with illegal dismissal.Improper dismissal not only infringes on the rights of workers,but also infringes on the public interests of the society.Therefore,it has a profound legal basis to protect the injured workers from dismissal in advance and provide them with legal relief afterwards,which is also achieve the legislative purpose of the labor law and conducive to building harmonious labor relations and stabilizing social order.There is an inevitable connection between the scope of improper dismissal and the legal relief of improper dismissal.Therefore,in order to improve the legal relief system,we should first discuss whether improper dismissal has shortcomings in the scope.Because the labor legislation lacks the stipulation to the anti-social improper dismissal,but has enumerated in writing the situation which the employing unit legally dissolves the labor relations,which has led to both the existence protection insufficiency,also has the protection excessively difficult position.Because anti-social improper dismissal infringes on the public interests of the workers and the society.The law should prohibit the employing units to dissolve the labor relationship and increase the burden of proof of the employer.In practice,there are many reasonable grounds for dismissal which are not applicable because they do not conform to the provisions of the law,constraining the employer's operational autonomy.Therefore,the basic provisions of legal dismissal should be increased to alleviate this overprotective dilemma in order to achieve fairness and justice.After being improper dismissed,a worker can either claim to continue to perform the labor contract or claim economic compensation.Due to the nature of the labor contract itself,it cannot be fully implemented in accordance with the principles of the general civil contract,so that the labor contract can continue to fulfill the standards of lack of consideration.The labor contract cannot be enforced because of the difficulty in implementing it in the process of implementation.The remedy for continuing to perform labor contracts is difficult to achieve due to the lack of an alternative enforcement mechanism.The calculation standard of economic compensation is not reasonable and fails to consider the actual loss of workers and the fault degree of employers,which leads to the fact that it is difficult for workers to obtain real relief.Therefore,increase the consideration of whether the labor contract can continue to be fulfilled,establish an alternative enforcement mechanism to continue to perform the labor contract,and reconstruct the calculation standard of the economic compensation,and give full play to the role of trade unions in the process of improper dismissal,so that the laborer's losses can be effectively compensated,and the employer's misconduct should be Some punishments are an important measure to improve the relief methods.