惩戒解雇事由研究

Research of disciplinary dismissal

《劳动合同法》第39条对惩戒解雇的规定在实际应用中出较多问题。理论上,如何合理界定归于雇员的原因,使用人单位的自由用工权与劳动者的劳动权达到平衡,是惩戒解雇事由需要重点解决的问题。我国应从劳动法的视角建构起用人单位惩戒解雇的法律规则,并完善相关的权利救济制度,使用人单位的自由用工权与劳动者的劳动权达到平衡。

There are problems for the application of the provisions of Section 39 of The Labor Contract Law in practice. In theory, it is subject of disciplinary dismissal to focus on solving problems based on how to reasonably define the reasons attributed to employees, the balance between the right to freedom of employment and the working rights of labors. The rule of law o disciplinary dismissal of unit should be constructed from the an- gle of labor law and the system of relief of right should be improved as well.