Research On The Protection Of Employees' Rights And Interests In Enterprise Layoffs

At present,China’s economy is in a "L" shape,and the economic growth rate is difficult to improve rapidly in the short term.The global trade war initiated by Donald Trump in the United States is also affecting the development speed of Chinese enterprises,so it is imperative to adjust the economic structure.With the continuous development of economic structure refonn in China,some industries will usher in structural adjustment,which will inevitably affect the profitability of enterprises to varying degrees.As we all know,the large probability of structural adjustment in an industry will affect the employment system of enterprises,which will result in some enterprises having to lay off staff,so that the cost of human resources can better adapt to the current situation of enterprise development and the economic situation of society.China’s labor law At the beginning of its establishment,the employer was given the right to lay off staff under the legal conditions.With the development of the society and the practical problems encountered in practice,the entity requirements and procedural norms were also imposed on the employer.On the one hand,we should prevent employers from being unable to achieve sustainable development because they are bound by labor costs.On the other hand,we also should reasonably protect the legitimate rights and interests of socialist workers,prevent laborer,s survival difficulties or create unstable factors for social harmony.This paper analyzes the current situation of enterprise layoffs in our country,and takes "economic layoffs" as the key word to search the online cases of Chinese referee documents.The search results show that since 2013,the number of disputes over economic layoffs has been increasing significantly year by year.Visible economic structure reforms to the influence of the enterprise personnel system.The disputes about the economic layoffs of enterprises recorded in the judgment documents on the net have been sued collectively or separately.Among them,the disputes caused by the problems in the application conditions and procedures of the entities of economic layoffs are relatively large.On the entity,the main problem is to define the "serious difficulty" in the production and operation of the enterprise,and the main problem is the procedure.It is not to trade union or all workers explain the situation in advance,did not seek union opinion,did not report to labor administrative department.Labor law allows enterprises to take layoffs in exchange for their ability to sustain development in the event of significant changes in objective economic conditions.In essence,economic retrenchment is a kind of right that enterprises have to rescind the labor contract unilaterally because of the change of objective economic situation.In the case of private law,economic layoffs are actually a breach of contract,but the social law nature of the labor law does not allow the enterprise to breach the contract at will by paying liquidated damages or damages,in other words,Economic layoffs can not be fully handed over to private enterprise autonomy.Enterprises should have reasonable preconditions and purposes for layoffs,and should follow the legal procedure stipulated in the labor law,otherwise it is illegal to lay off staff.The explicit provisions on economic layoffs in China are mainly concentrated in the Labor Law,the Labor contract Law and the provisions on the reduction of personnel in Enterprises.However,too little content leads to the rough content of the rules,and there is great uncertainty in the application of the law.Therefore,the applicable conditions and procedures of enterprise layoffs need to be further improved and clear to reduce the differences in the use process.