| The outbreak of the COVID-19 has caused adverse effects on production and business activities of enterprises in many countries(regions).Although China quickly took measures to contain the spread of the COVID-19,affected by the epidemic,the economic growth slowed down,and the production and operation of enterprises also suffered unprecedented pressure.In this special situation,some enterprises take economic layoff measures in order to reduce production and operation costs.Although this is the embodiment of enterprises using the right of independent management to get rid of business difficulties,this kind of unilateral non-fault dismissal of enterprises leads to the adverse consequences of a large number of workers’ unemployment,which has a serious impact on social stability and the labor market.Therefore,it is very important to balance the respect for the enterprise’s independent management right and the protection of the workers’ employment right from the legal system.Addition to the introduction and the concluding remark,this dissertation is divided into four parts:The first part presents the development and current situation of the legislation of enterprise economic layoff.This paper introduces the evolution and current situation of the legislation of economic layoff.Starting from the historical development of the legislation of economic layoff in China,this paper expounds the basic contents regulated by the current legal norms of economic layoff in enterprises,and preliminarily finds out the problems existing in the current economic layoff in China.The second part analyzes the legal system of economic layoff in China.This paper elaborates the difficulties faced by the current economic layoffs in China from three aspects: the permit conditions,procedure conditions and the restrictions of economic layoffs by combing the labor law,labor contract law and the regulations on economic reduction of employees of enterprises.In the third part,the author analyzes and explores the relevant legal systems of the mature countries and regions,including the common law countries(regions) represented by the United States,the civil law countries(regions) such as Germany and Japan.The fourth part is the improvement of the enterprise economic layoff system.According to the difficulties of economic layoff described above,it puts forward reasonable suggestions on the license conditions,procedural conditions and restrictions of economic layoff in China from the perspective of legislation. |
