Research On Legal Remedies For Illegal Termination Of Labor Contracts

The core of building a harmonious society is to build a harmonious labour relationship,which not only contributes to economic development,but also serves as a "scale" and "pointer" for social harmony.The most important part of building a harmonious labour relationship is the improvement of the labour law system.However,due to the imperfection of the existing legislation and the lack of comprehensive remedies,the relevant legal provisions cannot be effectively implemented in many cases.For example,it is difficult to enforce the provisions of the law on "continuation of performance",the calculation of compensation is not reasonable,and it is difficult to protect the interests of workers during the period of protection of their rights.In order to keep their jobs,workers often choose to put up with their grievances when they are victimised by the employer,and many conflicts and problems have arisen in judicial practice,which may even infringe on the workers' right to live.Therefore,the value of legal remedies for illegal termination of employment contracts has become more prominent.If a complete legal remedy system for illegal termination of labour contracts can be established,it will not only help workers to gain a sense of social belonging,realise their career and fully realise their personality development,but also be a practical measure to implement the construction of harmonious labour relations.This article draws attention to the various problems that arise in judicial practice through cases,and analyses them in the light of existing regulations and basic theories,while drawing on relevant systems and practical experience from overseas,arguing that there is a need to improve the legal remedy system for the continued performance of labour contracts,introduce the concept of anti-social termination of labour contracts and its legal remedy system,revise and improve the compensation standards for compensation,provide differentiated remedies for different cases of illegal termination of labour contracts,and guarantee the protection of labour relations.The legal remedies should be differentiated according to the different situations of illegal termination of labour contracts,guaranteeing workers' right to work during the period of defending their rights,and clarifying the alternative measures when the execution of the judgement on continuation of performance is not possible.