| Employment is the foundation of people’s livelihood and the basis for the realization of workers’ right to survival and development.On the one hand,dismissal is related to the flexible employment and operation efficiency of employers;on the other hand,it also affects the economic life and employment stability.To ease the conflict,one of the main ways is to impose mandatory intervention on labor relations,through entity and procedure which less attention has been paid to.For the study of dismissal procedure,the theory of the right of freedom provides the theoretical basis for the employer to decide to dismiss workers independently.On this basis,it is necessary to restrict the dismissal behavior of employers.The theory of procedural justice provides a theoretical idea for the scientific arrangement and legal value of the implementation process.The practice of the ILO and other regions can provide reference for China under different levels of dismissal protection.We should recognize the regional and national characteristics of the system and build a dismissal procedure system with labor and capital balance and substantive justice as the core while referring to the practical experience.By adding the fault dismissal exclusion period and pre-interview procedure,setting the reasonable period of advance notice,to improve the legislative regulation of individual dismissal procedure,by clarifying the irreplaceability of undertaking the procedure of listening to laborers’ opinions,stipulating the period of implementation of layoff,introducing the three-party consultation mechanism.The purpose of building harmonious labor relations is to strengthen the legislative regulations on a large number of procedures of dismissal.Finally,the substantial standard comprehensive evaluation of the effectiveness of the behaviors violating the dismissal procedure,and limit the application of the compensation rule.The legal liability for the behaviors violating the dismissal procedure is limited to money compensation,and the compensation calculation method is amended to achieve the perfection of the dismissal procedure from legislation to justice. |
