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Employee Hiring and Dismissal of the Legal Issues

Author: WangHongZhi
Tutor: YuLei
School: South China University of Technology
Course: Legal
Keywords: Contract Labor Contract Labor contract Labor contract
CLC: D922.5
Type: Master's thesis
Year: 2010
Downloads: 145
Quote: 0
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Abstract


From hiring staff to formal employment, the two sides signed a labor contract, to dismiss employees, the whole process, interspersed with civil legal relations between equal entities, management and the management of the affiliation of the corresponding labor-law relationships involve different rights and obligations, the legal basis of the studies deal with difference. China's labor legislation in the process of continuous improvement, the past three years has promulgated and implemented the \Annual Leave Regulations \Based on clear rights and obligations of the parties, protect the legitimate rights and interests of workers and the employer, to better prevent and reduce labor dispute, build and develop harmonious and stable labor relations departure, analysis of the status of the hiring and firing of employees, labor law, on the basis of contract law, try to provide a reference to the legislative and judicial improve the recruitment and dismissal of employees, to provide solutions for corporate human resources recruitment and dismissal of operating practices. This article consists of four parts: The first chapter is the legal definition of the recruitment and dismissal of employees. Introduces the definition of \Second specific research employees hired legal analysis. Through case studies, introduced the legal nature and legal effect of the Notification of acceptance, the revocation of the legal effect of the notice of acceptance, the importance of anatomical conditions of employment, that labor contract considerations. The third chapter is a legal analysis of specific research employees dismissed. The legitimacy of the right to dismiss the positive consequences and negative consequences of the legal analysis, summarized the substantive conditions of exercise of the right to dismiss - legitimate reasons, to prohibit conditions - dismissal prohibited, procedural conditions - prescribed procedures and introduced the system of compensation for dismissal. The fourth chapter is a countermeasure to improve our current employees hiring and firing system. The improvement of the legislative and judicial staff recruitment and dismissal system and provide solutions for corporate human resources operating practices. This article highlights are: the study of the legal issues of hiring and firing of employees, both on the legislative and judicial reference, to provide solutions for corporate human resources dismissal operating practices. However, due to the limited knowledge of the author, this article certainly there are still many inadequacies, all when the initiate.

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