Research On The Elastic Application Of Labor Law In Small And Micro Enterprises

With the rapid development of China’s economy,small and micro enterprises have occupied an increasingly important position on China’s economic stage.According to statistics,as of 2018,the number of small and micro enterprises in China has reached more than 70 million,occupying more than 90% of the market,and contributing more than 80% of the country’s employment.In such a "microeconomic era",the importance of small and micro enterprises is self-evident.However,the current labor laws related to small and micro enterprises(especially the labor contract law)in China have certain deficiencies,not only for the protection of the workers’ group benefits,but also for the protection of the interests of small and micro enterprises.Since China’s labor contract law was based on the legislative model of "protecting the legitimate rights and interests of laborers" at the beginning of legislation,there was too much protection for laborers and neglected the interests of small and micro enterprises,thus limiting the development space of small and micro enterprises.This question.On the other hand,it is not obvious enough to distinguish the applicable objects,and small and micro enterprises that are in a weak position in market competition are juxtaposed with large enterprises.This is extremely disadvantageous for small and micro enterprises with low cost,little labor,and flexibility.Therefore,the author It is believed that the labor law needs to be adjusted.For some provisions of the Labor Contract Law,small and micro enterprises need to be flexible.This article analyzes the actual situation of applying the labor law to small and micro enterprises,analyzes the problems in applying the "Labor Contract Law",and combines the attributes of small and micro enterprises,weak anti-risk capabilities,insufficient funds,etc.,thereby pointing out that small and micro enterprises The necessity of flexible application of labor law,combined with the background of labor relations,enumerates some of the legislative provisions on small and micro enterprises in foreign labor laws,and draws on it from the national conditions of China.For example,labor standards with high standards are difficult to implement in practice,and the vitality of the law lies in implementation.In order to avoid this situation,the labor standards can be reduced for small and micro enterprises.For example,Japan,for enterprises of different sizes,the applicable Overtime working hours and minimum wages are different,and escort the development of small and micro enterprises from all angles.As for the rules and regulations,the procedures stipulated in China ’s “Labor Contract Law” are too strict.For small and micro enterprises,it is difficult to formulate rules and regulations.Judging from the establishment of rules and regulations abroad,France stipulates that companies employing less than 20 people can be exempted from formulating rules and regulations,while Japan and South Korea both stipulate that companies with fewer than tens of employees can also be exempt from making regulations.Obligations.With regard to the dismissal protection system,the procedures and conditions stipulated in China ’s “Labor Contract Law” are too strict,and more economic compensation needs to be paid,which increases the labor burden and economic cost of small and micro enterprises.Therefore,when the contract is cancelled with the workers,it can be excluded for small and micro enterprises with less than a certain number.As for the reasons for dismissal,as long as it is a valid reason,it is not limited to the circumstances stipulated in the Labor Contract Law.As for the economic compensation,for the termination of the contract due to economic layoffs,the economic compensation should be exempted.At this time,it is difficult for small and micro enterprises to operate.In other cases,if the small and micro enterprises are at fault and the objective conditions for entering into contracts with laborers have changed,economic compensation should be paid at this time to play their legal compensation function and guarantee the laborers ’right to employment security.