Keywords: dismissal law, summary termination, dismissal of incompetent employees, severance payment, whistleblower

Abstract:

This article will offer a comprehensive proposal for the reform of the law of dismissal in China. Even though this topic has received extensive discussion, its significance remains relevant today for the following reasons. First, nowadays, an increasing number of companies operating under the platform model are inclined to reclassify employees as independent contractors. Given this extraordinary circumstance, loosening the dismissal protection and other legal protections may somewhat slow down this process. Second, there is room for the reduction of dismissal protection. Several provisions in the dismissal law are unreasonable and have placed undue burdens on employers. In addition, the establishment of social insurance provides an opportunity for the legislature to reform the dismissal law. By making it less restrictive, legislators can seek a new balance of interest between the employer and the employee. As a comprehensive proposal, this article will address other issues as well, namely the antidiscrimination rule, protections against employer retaliation, and remedial rule for illegal dismissals.