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A Study of the Right of Layoff in the French Labor Law

Author: ZhangPing
Tutor: ZhouAnPing
School: Nanjing University
Course: Legal Theory
Keywords: Dismissal rights Reason for dismissal Dismissal procedures Labor of Justice
CLC: DD912.5
Type: Master's thesis
Year: 2011
Downloads: 92
Quote: 0
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Abstract

In the context of today 's global economic crisis , caused by the dismissal of unemployment has become a worldwide hot topic . Dismissal, the employer unilateral lifting of the labor contract and does not personally agree with the premise of the employees . The dismissal not only concerning a labor contract binding , but also related to the workers' basic rights : the right to employment . In French law , the employer dismissal rights have been gradually entering the field of private law from the traditional areas of social law ; dismissal is no longer just a debt problem . And the dismissal of the right to exercise the process , the employer must have a legitimate reason for dismissal ; he will have to comply with the proper procedures . French labor law provisions and judicial decisions relating to the dismissal of the right to have an important reference value for China . According to the French Labour Code , the dismissal must have a real and serious grounds . In other words , employers the right exercise go dismissal time , you need to find a real and serious reasons to prove that the dismissal rights is justified . The authenticity of the reason for dismissal , the employer can not be a false reason or a surface reason to conceal its true inner reasons , go to the dismissal of an employee . The seriousness of the reason for dismissal , which is the reason to have a certain degree of seriousness , making it impossible to continue to labor in the case of not damaging to the enterprise , and therefore it makes dismissal become necessary . The dismissal dismissal procedure must be strictly observed . French Labour Code provides that an employer must be strictly in accordance with the termination procedures to exercise their powers to ensure that employees have full rights , and the opportunity to defend himself . If an employer violates the procedures prescribed by law , the consequences of its adverse . Finally , China can learn from French law, to a lot of experience . In particular, China should establish an independent and professional labor justice system .

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