A Comparative Study Of The Dismissal Protection System In China And Japan

Employment is the foundation of people's livelihood.At present,the downward pressure of the economy is great,and some employers deal with the pain of the transformation period by way of dismissal or layoff,which leads to the prominent labor contradiction.In the face of the relative fragmentary and imperfect provisions of the dismissal protection system in China's labor legislation and the shortage of workers' security,it is an option to solve the problem to learn from the dismissal protection system of foreign countries.Japan is one of the first countries in the world to make labor legislation.Through legal provisions and judicial precedents,Japan has formed a series of legal principles of "prohibiting the abuse of the right to dismiss".Based on the development of "the theory of freedom of dismissal"and "the theory of legitimate cause",the legal principle is a more reasonable theory of dismissal protection combined with the national conditions.For the legislation of "just cause theory" adopted in our country,the theory has important reference significance for improving the dismissal protection system in our country.At present,in terms of the reasons for dismissal,China's labor legislation adopts the enumeration method to stipulate the reasons for dismissal,which has specific limitations,and there are still disputes on the interpretation of the standard sentences in the articles,which can not effectively cover the increasing situation of dismissal and fully reflect the legislative purpose of inclined protection of workers.However,the Supreme People's Court of Japan has gradually formed a general dismissal cause through judicial precedents to make up for the lagging problems in labor legislation with the principle provisions.China can improve the dismissal cause in China and standardize the application of "serious" by referring to the principle legislation of Japan.In terms of dismissal procedure,China has not yet matched with more severe punishment measures,nor strictly regulated the employer's violation of dismissal procedure,and the labor union's safeguard function in dismissal is relatively weak,and the labor administrative department's afterwards relief cannot form an effective dismissal procedure to protect workers.But Japan's strict dismissal procedure,independent trade union guarantee,severe administrative punishment or punishment give workers strong backing.China can learn from Japan's punishment system of illegal dismissal procedure,improve the functions of China's trade union and labor department,and strengthen the punishment of illegal dismissal procedure.In the aspect of relief,in view of the illegal or illegal dismissal of the workers,China adopts the mechanism of seeking relief after the dismissal of the workers.It is difficult to restore the labor relations after the dismissal.In addition to the restoration of the labor relations,the workers can only get the dismissal compensation or the dismissal compensation,which can not guarantee the workers' active rights.Japan's labor preservation system can not only preserve labor relations,but also provide economic resources for workers to safeguard their rights,so that workers can get the best protection of their rights,and it is possible to restore labor relations.Although there are some similarities between China and Japan,the legislation on the dismissal protection system should not be copied.It should be absorbed and developed in combination with the national conditions,so as to improve the dismissal protection system in China...