Research On The Relief System For Illegal Dismissal Of Senior Managers

Since the promulgation of the Labor Contact Law in 2008,there has been no clear stipulation on the application of illegal dismissal relief for senior management personnel,so that the theoretical and practical circles have been unable to come up with a unified opinion.By observing the design of the dismissal system of labor laws and regulations,it can be found that the form of dismissal relief is first applied to continue to perform the labor contract,and the economic compensation can only be adopted when the labor contract cannot continue to perform.Such a design reflects the basic principle of favoring the protection of workers,but also neglects the special identity of senior managers,so that they are regarded as ordinary workers when the illegal dismissal of senior managers requires the application of relief.As a result,there are many cases of substantial injustice.Therefore,starting from the case,the article takes the senior managers with the attributes of laborer and manager as the research object,taking the continuing performance system as the basic point of study,and explores the current situation of the application of the remedies for the illegal dismissal of senior managers by the employing units.Improve and continue to perform this relief system,so as to achieve substantive settlement of disputes.In the first part,through the introduction of Shanghai Jiahua vs.Wang Zhuo case,through the case of the basic facts of the case,the trial process and the analysis of the dispute point,so as to lead to a series of problems encountered when senior managers apply to continue to perform the system.In the second part,the special attributes of senior managers are analyzed and summarized,and the dual attributes of workers and managers are found,so as to determine the basic qualitative nature of the research object.Then it leads to the conflict of laws in the company law and labor contract law when the company dismisses the senior management personnel,and puts forward the method to solve the conflict by the method of legal convergence and application.In the third part,the author analyzes the source of continuing performance system and points out the obstacles encountered by senior managers.Secondly,through the analysis and reflection on the implementation of the system in the judicial practice at home and abroad,the author puts forward some suggestions for the subjective and objective factors.The fourth part of the above analysis and research as the theoretical support point,put forward the substantive settlement of disputes as the basic policy to deal with the problem,appropriate adjustments to continue to perform the applicable conditions,including the way of relief to adjust the order,The cases are classified and the subjective and objective factors are taken into consideration.Through the above recommendations,to illegal dismissal of senior managers to provide a solution to the use of relief measures.