雇主不当解雇雇员的赔偿责任

根据国际劳工组织相关公约和许多国家的立法,雇主解雇雇员必须具备正当事由并遵守正当程序,雇主缺乏正当事由或违反正当程序将承担不当解雇的责任。雇主不当解雇雇员责任的确定需考虑雇员的工资收入、工龄、剩余工作年限、找到类似工作的可能性、寻找其他工作的费用等复杂因素。目前我国《劳动合同法》的相关规则过于简陋,应该借鉴国外的经验,建立既具有可操作性又能反映雇员实际损失的赔偿规则。

Employer's Liability of Damages in Unfair Dismissal

Under the related ILO convention and dismissal laws in some jurisdictions, employers should have good cause and observe legal procedure when dismissing employees. If there is no good cause or employers fail to follow legal procedure, employers would assume the liability of unfair dismissal. The amount of damages of employers in unfair dismissal should be based on the complex factors including salary, seniority, remaining period before retirement of the employees, the prospects and reasonable expenses of finding new employment, and etc. The current rule governing unfair dismissal in Labor Contract Law is too simple, which should be replaced by a new rule that could reflect the actual losses of the dis- missed employees and is easily to be enforced.