A Research On The Legal Measures In Re-employment Project Of The Unemployed And Lay-offs

In recent years, with the deepening of market economic mechanism reform , technological innovation, the further adjustment of industrial structure as well as the contradiction of supply and demand of laborer , the rate of unemployment in cities and towns has been increasing rapidly 。 Being laid off , out of work and reemployment have become the most important socioeconomic issues, which are not only big economic issues relating to economic system reform and economy growth but also big political issues relating to social stability 。 Therefore , they are theoretical questions of overall and strategic importance as well as long—standing problems 。 How to improve the re-employment of lay-offs and the unemployed is a big concern of Chinese society now 。Under this circumstance , the intention of the research is to build a solid theoretical and legal base for the employed to accomplish their right of work , so that we can control the laid-off behaviors and improve re-employment project through legal ways。 This thesis's main focus is that the employed , who have been laid off by state enterprise, should have the right to re-employ ;The government should promulgate relative decrees to protect the right of the unemployed to work and provide opportunities for the unemployed to re-employ 。The promotion for the legal employment system in china has been playing an important role in the development of work force market 。 However , there have been still a number of issues to which much importance should be attached 。 Base on analyzing a quantity of accurate data provide by national authorities , in this paper , the author makes a thorough study on the current situation of unemployment and tries to probe into the legal measures related to re-employment 。Firstly , combined with China reality , the author analyses the current situation of unemployment and clarifies the cause of the unemployment on the theoretical and practical plane 。 The major reason is the contradiction between supply and demand of laborer 。 Secondly , by expounding the possible social risks resulting from unemployment pressure , this thesis elaborates the significance of solving unemployment and re-employment problems 。 Thirdly , the author demonstrates one of the main function of government is to promote full employment 。To ensure full employment , government should set up perfect market mechanism , supply requisite labor training and tighten up management to different unemployment 。 Forthly , the author introduces developed countries in the west employment solution 。 In order to reduce the rate of unemployment , all the countries have taken different legal measures to tackle the problem in the field of employment and accumulated lots of useful experience ,and the author uses the successful employment experience of other countries for reference 。 Fifthly , in the light of the foregoing analysis , the paper points out that the aim in the re-employment legislation of our country is to establish "an adequate system of market employment under the state macro-administration 。" To achieve this aim , the re-employment should build a systematic frame in which employment promoting law , employment welfare law and employment protection law will mainly be include 。Finally , we should enlarge the scale of the export of labor service and develop the small and medium enterprises so that improve the re-employment project .