Analysis Of Judicial Disposition Over Economic Layoffs

Through sorting out and summarizing the economic layoff cases in Beijing and Tianjin in the recent three years,we can find that the number of such cases is increasing year by year.The case is characterized by distinct characteristics and difficult dispute resolution,which involves complicated social interest relations and great social influence.The legal basis is vague and there are many cases of evading the law.It is not suitable to operate in the trial,and the proof is difficult.The problems involved in such cases in practice are mainly classified into six categories:Disputes concerning the "Criteria for Determining Business Difficulties" as prescribed by law,disputes concerning the "criteria for selecting the personnel to be laid off",disputes concerning the "layoff procedures",disputes concerning the "similar layoff"---batch of negotiation,and disputes concerning the "disguised layoff" in practice.The common difficulties in judging these six kinds of issues are mainly that the upper law which is named“the Labor Contract Law”,is not detailed,while the provisions of various local laws and regulations are missing or too strict,which leads to increased difficulty in judging in various regional courts,or differences in judgment opinions,resulting the situation like “different judgments in the same cases”.Since such cases involve a wide range of social interests,unilateral efforts cannot effectively solve these problems.We should start from the perspectives of judicature,legislation,enterprises and individual workers respectively.Legislation should improve various local laws and regulations so as to adapt them to the local economic environment and avoid giving the enterprises too much burden.At the same time,the regulations on local economic layoffs should be refined to provide strong support for the basis of judicial decisions and reduce the difficulty of court inquisition.The aspect of judicial should pay attention to the purpose explanation.On the premise of protecting the economic interests of workers,the focus should be on the successful self-help or transformation of the enterprise to balance the interests of both parties.Enterprises and workers should consult relevant administrative organs at any time to avoid possible disputes in layoffs,and the authoritative explanations given by administrative organs can also reduce the difficulty of proof in litigation.