Research On The Legal System Of Economic Layoff

Economic layoff refers to the employer’s unilateral termination of labor contract with workers above a certain scale due to economic reasons.It often occurs in a certain industry in the state of economic downturn.In this case,the layoff of employers in this industry will lead to the layoffs lose their jobs,and it will be more difficult to reemploy.It will also affect social order,and improper handling will affect social stability.Economic layoff is like a double-edged sword.On the one hand,through economic layoff,employers can adapt to the market demand,simplify personnel,reduce unnecessary expenses,add icing on the cake to the main business of the unit,adapt to the changes of the market,and also benefit the liberation of capital and manpower.It is the embodiment of fully protecting the autonomous management right of employers.On the other hand,economic layoff is related to the real interests of each laid off worker and the labor rights of workers.It is an effective means to balance the self-management rights of employers and the labor rights of workers.The economic layoff system based on Article 41 of the labor contract law has met new challenges under the new situation.The lack of legislation and supervision of new type of layoffs,such as transformational layoffs,has led to the difficulty of labor being laid down and protected.To improve the economic layoff legal system,we should make clear the basic concept of economic layoffs.The layoff plan meets the requirements of the basic principles of labor law,establish and improve the procedures for layoffs,and the employing units,workers and labor security departments shall participate in the process of orderly.The full text is divided into four parts: the first part introduces the concept and basic characteristics of economic layoff.It analyzes the legal value pursued by the legal system of layoff.The second part introduces the legal system of economic layoff in several foreign countries or regions.This paper introduces the current situation of the economic layoff legal system in France,Germany,Japan and Chinese Taiwan,and puts forward some points for reference,that is,the number and time interval of layoffs are specified in detail,the trade union system is perfect and has the right to speak in the layoff procedure,which can safeguard the interests of workers.The principle of last resort is stipulated,that is,employers should take measures to make layoffs the last resort.The third part analyzes the deficiency of the legal system of layoff from the entity and procedure of our country’s law.Through the analysis of the current situation of legislation,the author thinks that there are fuzzy standards for the identification of operational difficulties in the application of substantive law,transformational layoff can not be covered by the existing legal system of layoff,the number of layoffs and the time interval judgment standard is not specific,and the priority retention clause is appropriate Use messy questions.In terms of procedure application,the trade union plays too little role in the economic layoff procedure,which can not effectively carry out labor consultation and safeguard the interests of workers.Lack of government supervision and effective supervision.The fourth part draws lessons from the feasibility of foreign economic layoff legal system,puts forward some suggestions in line with China’s actual situation,puts forward that the standard of operating difficulties should be determined by the employer and the trade union through consultation,modifies the third paragraph of Article 41 of the labor contract law,so as to cover the transformational layoffs,makes clear the restrictions on the number of layoffs and the time interval,and improves the provisions of the preferential retention clause.Trade union reform should be carried out to increase the number of workers,reduce the management’s participation,and increase the trade union’s voice in the process of economic layoffs.Labor and social security departments should give full play to the supervisory role in the layoff process.