Research On The Different Application Of Labor And Social Security Law To Small And Micro Enterprises

Although the current unified adjustment and application mode of labor legislation in China shows the equality of law application in form,it does not consider the particularity of different types and scales of enterprises in essence.It puts the large and medium-sized enterprises with strong strength on the same level as the small and micro enterprises with small scale,weak development foundation and limited competitive resources,which seriously restricts the development of labor legislation The competitiveness of small and micro enterprises greatly suppresses the growth of small and micro enterprises,and it is difficult to achieve the original intention of labor legislation,that is,to protect the legitimate rights and interests of workers.On the contrary,it leads to the proliferation of small and micro enterprises’ violation of labor laws and regulations.Looking at the major economies outside the region,such as Germany and Japan,most of them have noticed the characteristics of small and micro enterprises,and adopted many exemption or differential adjustment measures,mainly some simplification in form and simplification in procedure,which will not damage the legitimate rights and interests of workers in terms of physical rights and interests,but can help small and micro enterprises reduce the shackles,reduce the occurrence of labor disputes,and reduce labor costs Less business risk.First,we need to make clear the subject of research,that is,how to define small and micro enterprises in labor law and regulations.Some labor law scholars and foreign countries in China have given the definition standards of small and micro enterprises respectively.However,there is no definition of small and micro enterprises in labor law in China.Only the classification method(2017)formed by the adjustment of tax and statistical system is the only one.Combined with the current standards in China,we can consider defining the research subject as some micro enterprises with small scale and short establishment period(mainly within three years of establishment).Secondly,through the comparative analysis of the unified adjustment of labor law norms,the full exemption mode and the difference adjustment application mode,the paper discusses the rationality and necessity of constructing the labor and social security law of China for the application of small and micro enterprises.Thirdly,the paper introduces the contribution of small and micro enterprises to China’s economy by combining the case and national statistical data analysis,and summarizes the characteristics of the labor relations of small and micro enterprises,such as "acquaintance society","low stability" characteristics,absolute weak labor and relative weak capital.These characteristics make the actual operation of labor relations in small and micro enterprises appear the situation that the internal rules and regulations of enterprises are in vain,the cost of dismissal is too large,the phenomenon of overtime is serious,the coverage of social insurance needs to be improved,and the rate of trade union formation is not high.Finally,combining the legislative experience of foreign economies and the reality of China,the legislative ideas are elaborated on simplifying the written rules and regulations,relaxing the conditions and procedures for the termination of labor contracts,adopting more flexible labor hour system,reducing social insurance payment,and building collective negotiation system of trade unions,so as to ensure the legitimate rights and interests of workers and to release the constraints of small and micro enterprises Now "win-win".