On the Shortcomings and Perfection of Chinese Termination Protection System:From a Perspective of Comparative Study of China-US Termination Protection Systems

Yang Haonan

Journal of Shanghai University of Finance and Economics Vol. 18, Issue 01, pp. 97 - 108 (2016)  DOI:10.16538/j.cnki.jsufe.2016.01.009

Abstract

China's current termination protection law has shortcomings as follows:inflexibleness of human resources management,low costs of unlawful dismissal,a shortage of pertinence in terms of legal liabilities of unlawful dismissal and a lack of necessary socioeconomic base of the implementation of universal termination protection law nationwide.US termination protection law,based on employment at will rule,has features such as flexibleness of human resources management,high costs of unlawful dismissal,strong pertinence in terms of legal liabilities of unlawful dismissal and differentiated implementation of termination protection law at state level.The comparative study of China-US termination protection law and its background indicated China's termination protection law could be improved on the premise of maintaining its current rigidity through rationally loosening the behavior pattern of non-fault termination protection,specifically increasing costs of unlawful dismissal and respecting socioeconomic development disparities among provinces.

Keywords

US employment at will rule; termination protection institution; labor contract law