The Legal Regulation Of Retaliatory Dismissal

With the development of economy and society,more and more new forms of employment have emerged in life,labor relations have become increasingly complex and diversified,China’s dismissal protection system has been further improved and developed,and retaliatory dismissal has gradually appeared in people’s field of vision.Retaliatory dismissal refers to the employee’s engaging in certain legitimate activities protected by law during the existence of the labor relationship,and such behavior of the employee is beneficial to the public interest to some extent but harms the internal interests of the employer,and the employer holds a grudge against the employee,and then seeks an opportunity to terminate the labor contract with the employee according to other legitimate legal reasons for dismissal.Although some scholars in China have made relevant theoretical explorations on retaliatory dismissal,because there has always been a lack of law on the prohibition of retaliatory dismissal in China’s dismissal protection system,when the court accepts retaliatory dismissal labor disputes,due to the lack of legal basis and relevant case support,judges often cannot make a positive certainty about retaliatory dismissal,and more often only mechanically refer to illegal dismissal for trial,as a result,retaliatory dismissal disputes have never been properly resolved.It is difficult to obtain effective remedies for the legitimate rights and interests of workers,exacerbating tense labor-management relations.In view of this problem,we should speed up the legislative process,clearly define the identification standards and specific circumstances of retaliatory dismissal,correctly understand the application of the restoration of original duty and the "three funds" of liquidated damages,compensatory damages and punitive damages,and establish a sound legal regulation system of retaliatory dismissal.Finally,to embed the retaliatory dismissal protection system and bring it into the track of rule of law is of great significance to improve the system of dismissal protection,safeguard workers’ rights and public interests.