Research On The Economic Layoffs System In China

Economic layoffs,just like a Double-edged Sword,is the result of conflict of interest and game between enterprise capital expansion,labor right protection,and government function.Especially in the face of the survival of both employers and employees,the conflict of interest between the right to operate enterprises and the right of workers to work is inevitable.Many unemployed workers have been re-employed,which has adversely affected social stability,and the economic layoffs of enterprises have created obstacles to the government’s function of safeguarding people’s livelihood.Therefore,whether it is the capital expansion of enterprises,or the protection of workers’ labor rights,and the exercise of government functions,it is necessary to use the construction of legal norms,so that the three in the conflict of interest and game to achieve a win-win situation,economic layoff system is one of the legal systems to construct such norms.At present,although Article 41 of Labor Contract Law has stipulated the conditions for the application of the economic layoff system,the reasons for layoffs,the procedures for layoffs and compensation mechanism and other regulatory elements,but in the face of the impact of the new crown epidemic in recent years,the adjustment of industrial structure,the application of artificial intelligence technology and other new situations,economic layoffs trend can be described as "one after another",and economic layoff system in China is facing various dilemma.Cannot adapt to China’s new era,the new era of economic development requirements.Therefore,it is urgent to improve the system of economic layoffs,to achieve a three-way balance of interests between enterprises,workers,and the government,establish harmonious labor relations and maintain social stability.Unlike other labor contract termination methods,economic layoff is a kind of behavior that enterprises must lay off personnel to protect themselves or develop because of the major changes in objective economic situation,which has the characteristics of unilaterality,restriction,collectiveness,harshness,and welfare,which determine the unique operating mechanism and normative requirements of the economic layoff system.As a legal system,the establishment of economic layoff system is not only an appropriate restriction on the right to operate enterprises,but also affects the employment stability of workers to a certain extent,but also poses a challenge to social stability.It is the value pursuit of the economic layoff system to protect the rights and interests of both parties in labor relations and the public interest,and its value pursuit is based on substantive fairness and justice.At the same time,the economic layoff system reasonably balances the internal interests of enterprises and workers with the external interests of enterprises and the government and society and realizes the harmonious unity of freedom and order.The basic theoretical support of the"legitimacy" of the economic layoff system is embodied in the "dismissal protection theory"of tilting the protection of the interests of vulnerable workers,the "layered protection theory"to solve the differences between the claims of different interest subjects,the "interest measurement theory" to measure the interests of individual conflicts,and the "social responsibility theory" to consider the interests of relevant parties and provide it with the necessary institutional guarantees.With the continuous development of these theories and the deepening of the integration with the economic layoff system,the economic layoff system has experienced the transformation from the freedom of dismissal to the right to dismiss,from the single application to the diversification adjustment,from the realization of economic layoff case fairness to the realization of social equity,from the interests of investors to the consideration of the interests of relevant parties,this transformation is the economic layoff system to build a harmonious labor relationship and maximize social benefits.The earlier legislation at the national level regulating economic layoffs was article 27 of the Labor Code and the Regulations on Economic Reduction of Enterprises issued by the former Ministry of Labor,which are currently dominated by article 41 of the Labor Contract Law.The legislation at the national level has gone through three historical stages of "very strict-relatively loose-relatively loose",and the historical development shows that the legislature measures and chooses between fairness and efficiency,between the rights and interests of workers and the rights and interests of employers,while the legislation at the local level makes up for the loopholes in legislation at the national level to some extent,but the local economic development is unbalanced.The conditions or standards for the formulation of economic layoff system are uneven,and the reference value for judicial practice is not high.At the same time,through collecting 1,820 cases of economic layoffs,combing and analyzing the five statistical indicators of the application conditions of the economic layoff system,layoff procedures,dismissal reasons,priority retention and economic compensation,the author basically outlines the basic position and concerns of the judicial organs in the case of economic layoffs,but due to the lack of uniform legal application and adjudication standards,therefore,the case of economic layoffs" The situation of "different sentences in the same case" is more common.Although China has established the legal system of economic layoffs,many cases show that its actual operation effect has not reached the ideal state expected by legislators,the system still has some defects.If the application of the condition design is too principled to be directly applied to individual cases,the provisions of the layoff procedure are empty and difficult to implement effectively in practice,the standard of layoff is unclear,the judicial measurement is arbitrary,the compensation mechanism for layoffs is weak,and the cost of workers’ rights protection is high.The main reasons for this dilemma are the lack of systematic,highly effective special legislation and the lack of legislative quality and the lack of flexibility of legislative technology,the lack of uniform evaluation criteria for judicial institutions to examine the reasons for layoffs,the failure of workers,enterprises and governments to form a benign interaction mechanism in the process of layoffs,and finally,due to the limitations of the existing litigation rules,the mutual transformation mechanism of economic layoff relief methods is not smooth.This leads to the weak guarantee of the relief mechanism of the economic layoff system.In view of this,it is urgent to improve the system of economic layoffs in our country in legislation and find a more favorable judicial evaluation standard or method for economic layoff cases in the administration of justice.The jade of his mountain can attack stones.By comparing the legislation and justice of the economic layoff system in civil law countries and common law countries,the enlightenment lies in:on the one hand,the legislative experience that can be learned includes:in the legislative value orientation,the economic layoff system should consider efficiency based on fairness;Layoff procedures,layoff standards,and remedies.On the other hand,the judicial experience that can be learned includes:the characteristics of the employment system in different countries determine the weighting results of interest measurement,interest measurement needs to follow a certain logical structure and logical thinking.In view of the shortcomings of China’s economic layoff system and the more mature legislative and judicial experience abroad,this paper puts forward the following suggestions:In the legislative design,we should adhere to the view that the interests of both workers and enterprises are equally important under the guidance of the legislative concept of "labor community and maximum social benefits";"Regulations on Economic Reduction of Employees of Enterprises" to improve the level of separate legislation of the economic layoff system;In terms of the applicable conditions,we should expand the application object of the economic layoff system,optimize the criteria for determining the elements of "attribute" in labor relations,make more types of workers protected by the economic layoff system,and refine the statistical standards,statistical period and statistical starting point of the number of layoffs;the basic role of clear labor negotiation subject,consultation body,content of consultation and the consequences of consultation,etc.in order to protect the workers in the process of layoffs,the right to know,the right to recommend and the right to supervise;To clarify the scope of authority for the intervention of the labor administrative organs,that is,the right to obtain information on layoffs,the right to recommend illegal layoffs and rectification and the supervision power of the layoff process,etc.,in determining the standard of layoff,clearly consider the necessity and reasonableness of layoffs in different circumstances,and provide a unified measurement reference standard for judicial practice.At the same time,some perfect suggestions are put forward for the existing statutory layoff situation:not only the bankruptcy reorganization" situation,the establishment of national standards and local standards two-line assessment of "serious difficulties in the production and operation of enterprises" situation.The adjustment of business operation(whether it is transfer of production,technological innovation,or mode of operation)should emphasize the significance,that is,the adjustment of enterprise operation is a major adjustment.The idea of integration of articles 40 and 41 of the Labor Contract Law is that in the short term the two should be separated and that in the long run they should be combined;to consider the ability to pay and the actual needs of workers.Establish a conversion mechanism of reinstatement and compensation and compensation to solve the problem of difficulty in the implementation of reinstatement,to protect the rights and interests of workers to the maximum extent.In addition to perfecting the specific legislation of the economic layoff system,the economic layoff system also needs to set up and perfect the following mechanism:First,to construct the hierarchical protection mechanism of the economic layoff system.According to the different classes and scales of employers and workers and the application of different regulatory and protection efforts of the economic layoff system,and truly achieve the value of substantive fairness and justice.Secondly,the legal protection mechanism of voluntary economic layoffs is constructed.Voluntary economic redundancies have the advantage of voluntary and flexible compared to compulsory economic layoffs.By raising the standard of compensation for layoffs to encourage workers to voluntarily participate in the arrangements for layoffs in employers,sign voluntary separation agreements,further clarify the basic content and legal effect of voluntary separation agreements,in order to protect the right of workers to participate in layoffs.Third,set up an early warning and notification mechanism for economic layoffs.Under the background of sharing information on Big Data on the Internet,such as finance,taxation,labor arbitration supervision and labor market supervision institutions,led by the county-level Human Resources and Social Security Bureau,the government will carry out the monitoring of layoff warnings for enterprises with serious losses or the possibility of mass layoffs;In the process of new economic layoffs,the government’s employment guidance responsibilities and post-layoff employment service safeguard measures,through the implementation of the "steady return" policy,to establish a more perfect unemployment protection system.