Where no provisions "enterprises can bounce back fired employees" original title: enterprise fired bounce employees, how to avoid the "evil law" suspected Author: sea level   source: JINGWAH times place to make "enterprises can bounce on dismissal" or "direct fired" rules, has no legal basis, in no, no more maneuverability. All the two child policy after the announcement, around the revised terms of punishment are related to wildly beating gongs and drums. According to the "Legal Daily" reporter to statistics, the country has 29 provinces gradually revised the local planning regulations, there are 7 provinces of the planning regulations of enterprises can fire employees. Among them, Guangdong, Hainan, Yunnan and Guizhou 4 provinces require enterprises to bounce back the staff directly expelled. Full liberalization of two children, does not mean the abolition of family planning policy, the authorities have long affirmed this attitude. This means that the violation of the provisions of family planning behavior to be punished. Illegal and punished, behoove, as long as the "proportionality" is not what problem. However, enterprise employees can bounce on fire "or" direct fire "provisions, whether accord with the spirit of the rule of law, if it works, you need to play a big question mark. Start with the identity of the main body, to find out how to express the upper law. "Population and family planning law" forty-second stipulates that "in accordance with the provisions of this law to pay social maintenance fees of the staff, is a national staff, but also shall be given administrative sanctions in accordance with the law," said". In accordance with the provisions of the administrative organs of civil servants punishment, in violation of the provisions of the super family planning, the national staff sanctions on the expulsion of the option, but the premise is serious". However, ordinary employees are not national staff. Will be applied to the general staff of the law on the national staff of employees, and the top grid processing, I am afraid there is a problem of the main body of generalization. Moreover, dismissal, said, is not rigorous, in the labor contract law and no dismissal, said a similar concept is to terminate the labor contract". The "labor contract law" the provisions of article thirty-ninth "the employer may terminate the labor contract" 6 kinds of situations, do not explicitly include "workers bounce". That is to say, is not the legal staff bounce enterprises can terminate the labor contract case. Some local regulations are overweight, and the "labor contract law" and other laws conflict? There is also a major issue worthy of torture, when family planning and labor rights conflict how to solve? Labor right is one of the basic rights of citizens is enshrined in the constitution, its value has also been confirmed the "UN Charter", as a kind of policy, family planning is a dynamic measure in a specific period based on the specific purpose to take, as I now release the two child policy. Employees can violate the family planning policy, administrative punishment, such as social support, but to deprive the right of labor to punishment is inappropriate, contrary to the legal does not say, nor the people-oriented approach — labor rights is a prerequisite for the survival of employees by enterprises, due to bounce back fired, who is raising the children family life, how to maintain? On the level of practical operation, the introduction of a number of local enterprises to "bounce employee Hao相关的主题文章: