Research On The Problem Of Workers' Rights Relief In Illegal Dismissal

Compared with some developed countries in the west that have basically eliminated the labor disputes of illegal dismissal,it is still common for employers in China to illegally dismiss workers.This request after the worker is wrongful dismissal can be more comprehensive and timely relief for their rights,although our country through a series of labor legislation on the regulation of this kind of problem,established a double compensation and recovery is labor relations between two relief way to relief workers.But in this article,through the analysis of four typical cases,you can see in the aspect of wrongful dismissal of workers' rights relief still has many shortcomings,there is no specific provision in the law of labor relations between the two sides recovery conditions,when the court ruled that unit of choose and employ persons and laborer continue to perform the labor relations,didn't also can avoid the sentence very well.The lack of legislation in our country also directly increases the difficulty of the court in applying the first relief method.On the other hand,the court in order to avoid the difficulty on the execution,just social efficiency decision no longer restore labor and labor relations,partlyat the expense of the workers' legitimate rights,not only 3to illegal dismissal of workers normal settle appeal,at the same time can't meet people for legal justice.Based on the mentioned reasons,when the court decided that the two sides meet no longer continue to perform the labor contract,workers' rights relief,the other question highlights out again,that is when the laborer during the litigation dispute is not only the labor rights are deprived,nor pay pay damages during this period,these are all unit of choose and employ persons with only a double compensation on the terms of such as difficult to make up for the loss.Reality,should play a role of trade union organizations also no use,once the trade union organizations can become illegal labourers a effective barrier,unit of choose and employ persons can be said to be sexual advance on workers' rights relief from the source.Compared with the theoretical research of foreign countries in this field,many system designs are worth learning from.So to learn from legislative experience of developed countries is very necessary,we can take a relatively mature legislation experience and the theory of practice,combined with China's special national condition and typical cases,the appropriate legal transplant.Combined with foreign advanced experience theory,the legislation of our country should make clear a regulation under what circumstances can't continue to perform the labor contract,at the same time pay attention to the guiding role for past precedent for similar cases,the arbitration institution or a court can there were to be found in the designation.In addition,the process of learning the German way of protection-during the dispute between the two parties to maintain labor relations.Finally,it is necessary to consider the loss of workers' wages during the relief period and attach importance to the role of trade union organizations to protect workers' rights and interests from various angles.The structure and main content of this paper are as follows.The first part analyzes four typical cases of illegal dismissal workers' right relief and points out the focus of disputes in such cases in China.Cases in the second part of the typical analyzes legal disputes according to related laws in China,not only points out the lack of legislation on the right remedy,also by France,Germany,the United States three relatively mature theory and system comparison research,points out that our country should be beneficial to the country legal transplant.While payingattention to the legislative work,we also give full play to the positive role of trade union organizations in China.Make the legal right of laborer get effective relief truly.The third part puts forward Suggestions on the present situation of the right remedy concluded in China,through legislation and the union of the dual role,better relief to illegal dismissal of workers to achieve we want to see a win-win result of both sides of Labour and capital.