The Review And Improvement Of China’s Fault Dismissal System

The fault dismissal system is that the employers terminate the labor contract unilaterally according to the right based on the fault of the workers,and they need not to pay economic compensation or compensation to the workers.Since the establishment of the system,it has played an important role in China’s economic development and balance of workers and employers’ benefits.At the same time,based on the continuous development of the society,the academic and practical circles of our country have put forward different interpretations and views on the application of fault dismissal system under the new social background.Article 39 of the <Labor Contract Law of the People’s Republic of China>stipulates the fault dismissal system by way of enumeration,and clarifies the six situations in which the employing unit exercises this right.However,due to the continuous evolution of social practice,the general expressions are widely used in the articles of the law.Different interpretations also affect the protection of workers’ rights.At the same time,the preferential protection system is the starting point of the <Labor Contract Law of the People’s Republic of China>.In order to balance the weak position of laborers in the labor relations,there is a significant tendency to protect the interests of laborers when making laws.However,in practice,there is a phenomenon that some people should be reasonably dismissed,but can not be dismissed due to system defects or fall into the situation of dismissal although they can not meet the legal conditions for dismissal.Thus,the legislative value and purpose of the law will be deviated.Based on the current situation of labor relations and the existing academic research,the author hopes to analyze the fault dismissal system,and provide some ideas on the improvement of the system.Firstly,because the application of fault dismissal system in China is interpreted through cases in practice,so it’s necessary to analyse the advantages and disadvantages in the phenomenon.Secondly,the author will make a theoretical analysis of the fault dismissal system and demonstrates the starting point of the establishment of the system.Then,through the analysis of the fault dismissal system in civil law system and common law system,the author will find out the merits of the system in China.Finally,through the above analysis,the author is going to elaborate the reality significance of the fault dismissal system,demonstrate the framework mechanism of the system in the current context,and put forward some suggestions.