ANALYSIS OF LEGAL REMEDIES FOR WRONGFUL DISMISSAL

Yanli Yu

ABSTRACT: According to the provisions of ILO Convention No. 158th , when the employer fired the worker, they must have the right reason and follow due process. If not, it is necessary for them to bear the legal liability. In terms of Chinese current legal system, there is no slip law on employer’s unjust dismissal liability, only in The Labor Contract Law are there relevant provisions. But it is, in fact, still not enough to protect the legitimate rights and interests of workers. Accordingly the paper proposes some revision suggestions on this provision, based on the analysis of relevant Chinese laws and regulations, as well as the judicial data.

Keywords: Wrongful dismissal, legal remedy, reinstatement, recompense.