解雇权与工作权的冲突与平衡

Conflict and Balance Between the Right to Dismiss and the Right to Work

处理解雇权与工作权的冲突,有的国家选择解雇权优先模式,有的国家选择工作权优先模式,两种模式各有其理论基础与现实因由。一个国家解雇权与工作权"平衡点"的选择,是该国经济、政治、文化、社会因素共同作用的结果。坚持系统平衡、相对平衡、动态平衡、差别平衡的原则,方可妥当处理我国解雇权与工作权的冲突,合理平衡劳资双方权利,促进劳动关系和谐稳定。

To solve the conflict between the right to dismiss and the right to work,some countries choose the priority mode of dismissal right,and some countries choose the priority mode of work right.Each model has its own theoretical basis and practical reasons.The choice of balance between the right to dismiss and the right to work is the result of the joint action of economic,political,cultural and social factors in a country.Only by adhering to the principles of systematic balance,relative balance,dynamic balance and differential balance we properly can deal with the conflict between the right to dismiss and the right to work in our country,balance rights of both employers and employees reasonably,and promote the harmony and stability of labor relations.