非法解雇法律救济制度适用困境与对策研究

Study on the Predicament and Countermeasures of the Application of the Legal Remedy System for Illegal Dismissal

非法解雇不仅关系着劳动者的生存发展,也会影响社会劳动关系的稳定。我国非法解雇救济制度存在一些问题,包括非法解雇期间工资支付的法律规定缺失、合同不能继续履行的情形不明确、赔偿金计算方式不合理等。需要分析立法现状并结合对非法解雇法律救济的实践情况,增加非法解雇期间劳动者工资支付的相关规定,完善合同不能继续履行的情形,重构赔偿金的计算方式,从而使得劳动者的权益得到更充分的保障。

Illegal dismissal is not only related to the survival and development of workers,but also affects the stability of social labor relations.There are some problems in the relief system of illegal dismissal in our country,such as the lack of legal provisions on the payment of wages during the period of illegal dismissal,the situation that the contract cannot be continued to perform is not clear,and the calculation method of compensation is not reasonable.It is necessary to analyze the current situation of legislation and combine the practice of legal relief for illegal dismissal to increase the relevant provisions on the payment of wages during the period of illegal dismissal,and perfect the relevant provisions of the contract can't continue to perform the scenario,reconstruct the calculation of compensation,so that the rights and interests of workers can be more fully protected.