关键词: 报复性解雇,侵权行为,课责模式,补偿性赔偿金,惩罚性赔偿金

Abstract: The accountability of retaliatory dismissal includes a series of theoretical combing and rule design, such as the basis of accountability, the mode of accountability, the constraints of the choice of accountability, the quantification of the amount of compensation, and so on. From the point of the basis of the accountability for the retaliatory dismissals, the retaliatory dismissal is in nature a tort behavior, which not only violates the employees’ right to work and other basic rights, but also violates the social and public interests. As for the behavior of retaliatory dismissal, the labor dispute handling agency may adopt a“heavy repairing, light punishment”mode of accountability or a“light repairing, heavy punishment”mode of accountability, the former taking the protection of the basic rights of employees as the foothold, the latter taking the protection of the social public interests as the support point. When choosing the retaliatory dismissal mode, the starting point should be whether the former position can be resumed, and the relevant constraints should be considered from the two perspectives of employer and employee. After the model of accountability for retaliatory dismissal is chosen, the specific amount of compensation should be calculated. The data model of compensatory compensation and punitive damages should be calculated, and the data models of compensatory compensation and punitive damages should be constructed separately to determine the amount of the two accurately.

Key words: retaliatory dismissal; tort; accountability model; compensatory compensation; punitive damages