Study On Dismissing System Of Violation Of Discipline In China

Dismissal for violation of discipline is a way of dismissal in which the employer unilaterally dissolves the labor relationship and does not pay the laborer economic compensation.The basis of discharging for violation of discipline is that both sides of the labor relationship established according to law should prudently exercise labor rights and fulfill labor obligations.The employer can not arbitrarily exercise the right of dismissal for violation of discipline.According to the will of legislation,the right to exercise must meet the prescribed conditions and adopt legal and appropriate procedures.The performance is as follows: 1.The employing unit has established the cause of dismissal for violation of discipline through democratic procedure.2.The improper behavior of the worker constitutes a serious violation of discipline.3.When the employing unit discharges workers for violation of discipline,it shall follow the procedures stipulated in the law and the contract,notify the trade union in advance,and solicit the opinions of the trade union,so as to maximize the protection of the rights of workers in a vulnerable position.For further research on the current application of the status quo of the disciplinary fire system in China,analyzing 442 judicial decisions of documents study,found in the practice of court ruled that unit of choose and employ persons to the discipline of fire whether belong to illegal fired mainly from the content of the rules and regulations of the employer,the ruling legitimacy and the violations of laborer if severity two aspects,Specifically,from the disciplinary dismissal reason typed analysis,rules and regulations process defect analysis,the court ruled that the influence of indiscipline "severity" factor analysis,the court ruled that unit of choose and employ persons indiscipline effectiveness in involving discriminant sample case court for serious violation of rules and regulations of the employer’s review and recognition factor.The lack of unified norms also leads to some problems in judicial application,such as fuzzy boundary of disciplinary dismissal,insufficient review of rationality of rules and regulations,lack of legal responsibility of employing units in violation of disciplinary dismissal procedures,and inconsistent standards of "severity" for determining disciplinary dismissal.Through the analysis of judicial judgment cases to grasp the court’s judgment thinking when hearing and adjudicating dismissal caused by serious violations of discipline.Based on the analysis of the classification of violations of discipline,under the background that employers tend to take various measures to reduce labor risks and transfer labor protection,the vulnerable position of laborers is prominent.It is necessary to strengthen the enterprise trade union and local trade union in discipline function of fire,clear disciplinary sacked for control standards,to clarify the requirements of rules and regulations in force process and in violation of the legal responsibility,perfect the rules and regulations of registration and review procedures,strengthen discipline fired internal process control,complete disciplinary fired the judicial regulation,In the framework of judicial implementation,on the basis of ensuring the employer’s right of employment management,to control the violation of disciplinary dismissal and build a harmonious labor relationship.