A Research On Legal System Of Collective Redundancies

In recent years, China has become the world’s second largest economy and showed new tendency especially after China’s GDP aggregate surpassed Japan in 2010. Although the rate of economic growth declines, industrial structure has been optimized and transformed. Layoffs events often occur. After companies launch economic layoffs, it will lead to massive laid-off workers and affect their rights to live, even the stability of the social order. Some court judgments indicate that nonstandard massive economic layoffs causes labor disputes and mass incidents. For the purpose of filling in gaps of economic layoffs regulation in " Labor Law " and " Labor Contract Law ", the Ministry of Human Resources and Social Research drafted "Corporate Personnel Cutback Regulation(Exposure Draft) " to the public for opinions in December 2014. The draft suddenly became hot social news, and evoked debate in academic circles. A year later, the draft has encountered difficulties. Therefore, this paper studies on this topic with significant theoretical and practical significance.The paper consists of four chapters except the preamble and conclusion:The first part, economic layoffs system overview, introduces the general theory about economic layoffs and lays a theoretical groundwork for the empirical study below by introduction of the concept and features of economic layoffs, analysis and demonstration of the necessity of economic layoffs regulation via law, and explanation of the theoretical basis of the economic layoffs system, do.The second part, China’s economic layoffs system problems, conducts analysis to China’s economic layoffs current law and presents the relevant provisions of "Labor Law", "Labor Contract Law" and "Enterprise Economic layoffs Regulation" to research the present situation that the current economic layoffs system cannot effectively protect the interests of workers, and the vague law lacks interoperability, effectiveness and other omissions from the aspects of economic layoffs applicable substantive conditions, procedural conditions, priority provisions, as well as interests protection to laid-off employees.The third part, improvement of economic layoffs system, based on the regulation defects of China’s current economic layoffs mentioned above, compares typical cases, briefly explains the basic theories and institutional background, and, summarizes common and unique feature of each country economic layoffs legal systems, and the enlightenment for our country, and combines with "Corporate Personnel Cutback Regulation(Exposure Draft) drafted by the Ministry of Human Resources and Social Research to put forward consummate proposal to the economic layoffs law applicable conditions, legal norms and guarantee provisions.The fourth part, research on administrative powers intervention in economic layoffs, directs at the most fundamental issue to further discuss. Based on the analysis to the administrative function, the author clarifies our government administrative power, role and power boundary.