Research On The Legal Issues Of Improper Dismissal

Labor relations are one of the most fundamental relationships in social and economic life,and their effective operations can boost economic development and promote the construction of a harmonious society.In labor relations,dismissal,which plays a central role,will have a direct impact on the production and development of labor relations.This is why the study of dismissal systems has become the key to the study of labor relations.For workers who are not dominant in labor relations,the employer’s improper exercise or abuse of dismissal rights will undermine their right to work and,to a certain extent,their basic right to survival,and those improper behaviors will also affect the overall social balance and harmony and stability.Therefore,the protection of the right to dismiss employees has gradually changed from the initial dismissal freedom theory to the just cause theory,which is widely recognized in the world.More and more countries are gradually adopting legislation to restrict improper dismissal behavior and judicial protection to protect and remedy employees facing improper dismissal.However,China’s labor law not only fails to introduce the term “improper dismissal”,but also lacks provisions on the unilateral termination of labor contracts by employers at the level of supporting legislation.Regarding the question of how to define improper dismissal,China has adopted a different approach from the general definition commonly used in the world.Domestic legislation limits the unilateral termination of labor relations by employers in the form of enumeration,so there is no consensus in the research field as to the extent of legal restrictions on the exercise of the right to dismiss by domestic employers.This study takes the definition of the term “improper dismissal” as a starting point to explore and analyze the legal protection against improper dismissal,and to analyzes the deficiencies in the identification of improper dismissal in China’s labor laws and regulations as well as the protection of judicial practice,and to connect with foreign legislation or judicial practice.The relatively advanced or sound legislation on the protection of unfair dismissal is based on the legislation and justice of Japan,Germany,the United States,the United Kingdom and other countries.The legislation and judicial practice of Japan,Germany,the United States and the United Kingdom are used as references,in hopes that based on this domestic legislation,the concept of improper dismissal can be introduced,and the improvement of improper dismissal can be put forward in a targeted manner.The protection strategy is expected to provide a useful reference for China to establish a protection system for improper dismissal.