非法解雇赔偿制度研究.pdfVIP

Abstract As an important part in operation of labor relation, termination of the labor contract involves the balance of employers dismissal right and employees survival right. On one hand, dismissal right is given to the employers in order to pursue the legitimacy of economic efficiency. On the other hand, in case of abusing the right and in order to protect the employee thoroughly who is in weak position, labor law also set limitation for it, in other words, if the employee goes beyond the boundaries, he will be judged illegal. In recent years, based on the concession between employers employment freedom right and employee s survival right,dismissal protection is a hot topic in academics, which should be based on the various arrangement of the labor contract to build the overall framework. And among it, the compensation, having been used as remedies for wrongful dismissal, as one part of dismissal protection,which reflects the ideology of emphasizing on favoring employees,should focus on the all aspects of declaration of illicit dismissal and compensation payment in order to give more reasonable protection for labors. But how to identify the wrongful dismissal action, whether the violation of entitle causes and procedure causes for wrongful dismissal are equally apply to compensation, and the existing compensation is reasonable or not, all these problems will be resolved in the compensation of wrongful dismissal. That defining the wrongful dismissal and compensation clearly will have immeasurable practical significance for the construction of harmonious labor relations and the improvement of economic efficiency. Although labor contract law “in China imposes e