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On Perfection of Dismissal Protection System in China

Author: LiYingYing
Tutor: LiXueLan
School: Ningbo University
Course: Economic Law
Keywords: dismissal protection labor market types of labors
CLC: D922.5
Type: Master's thesis
Year: 2012
Downloads: 95
Quote: 0
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Abstract


Employer’s dismissal behavior will directly have a bad effect on the employee’s survival, but employee’s existence insurance and stable employment lay a foundation on a country’s long and peaceful reign. Therefore, the dismissal protection has always been an important topic in the area of labor legislation for different countries in the world. However, in our country’s current labor legislation, the provision about dismissal protection is still scattered, and has not formed uniform and improved system. Due to this background, it is necessary to improve the dismissal protection system of our country.In this article the perfection of dismissal protection system is expounded with problem-oriented logic clues in four chapters. Chapter1the current condition and defects of dismissal protection system in China. In this chapter, first, it summarizes three elements of dismissal protection system, and then analyzes the current legal system of dismissal protection in China comparatively, finally reveals the defects of the dismissal protection system. The major defect is that did not treat respectively according to different types of workers and the period of performance of labor contracts, which results in the deficiencies on the degree of protection, remedies of illegal dismissal and procedures of economic layoffs. Chapter2the choice about the purpose of dismissal protection system in China. On the base of pinpointing the implication of dismissal protection, chapter2has a targeted analyses about labor market in China, and finds out the conclusion that the construction of dismissal protection system in China should base on the own characteristics of Chinese labor market, combined with the value orientation of Chinese dismissal protection which regards the justice as the first value target, employing the discipline of incline protection, difference and appliance, non-discrimination, and moderation, in order to realize the aim of limiting the employers’ power of dismissal, avoiding random and improper dismissal and steadying labor relations. Chapter3specification comparison and design ideas of dismissal protection system in China. Chapter3first compares dismissal protection system in other countries from the perspectives of reasons, procedures, and compensations of dismissal, and after getting the conclusion that in a country, the reformation of dismissal protection system is affected by many elements such as the law and tradition, the power of labor union, labor market and social security etc. it gets the enlightenment, namely that the design ideas of Chinese dismissal protection system should distinguish the types of workers, and be applicable for fire protections with different degrees respectively according to contracts of different types and different performance periods of contractions. Chapter4the perfection of dismissal protection system in China. This chapter mainly puts forward targeted mature suggestions under the current situation where dismissal protection system does not pay attention to different types of workers and the defects of performance period of contracts. Concretely, the suggestions include the limitation of the reasons, procedures, and compensations of layoffs during and after the probation, the perfection on the remedies for illegal layoffs, and the limitation of economic layoffs.

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CLC: > Political, legal > Legal > Chinese law > Labor Law
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