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Research On Staff Reduction For Economic Reasons

Posted on:2010-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y YuFull Text:PDF
GTID:2166360272498459Subject:Law
Abstract/Summary:PDF Full Text Request
Paper is the first part of the economic system of lay-offs are summarized below. First of all, on the economic system arising from layoffs. On the one hand, pointed out that the mooring system is to lay-offs goods, China's foreign-related dismissals and layoffs system product. On the other hand, China's economic system and of endogenous layoffs request that in our socialist market economy, enterprises due to their own development needs arising from demand reduction, economic system of lay-offs inevitably arise. Redundancy in the exposition of the generation system, the paper then discusses the economy of the nature and characteristics of lay-offs. In nature, pointing out that the economy of the nature of lay-offs can be understood from three aspects: First, the economic retrenchment of the labor contract is a special form, that is, employers unilateral dissolution of the labor contract notice; Second, redundancy reflected economic enterprises autonomy employment; Third, economic retrenchment in the form of balance laws employing units and the relationship between workers. In characteristics, through layoffs and economic analysis of the various definitions to compare similarities and differences, to draw the characteristics of economic lay-offs as follows: First, the economic nature of lay-offs is mainly due to economic reasons; Second, the economy must be out of job cuts necessary; Third, the purpose of economic lay-offs in order to improve enterprise performance.The second part of the paper on the economy of layoffs system of international comparison and analysis. First of all, pointed out that the study of foreign advanced technology of redundancy legislation of China's economic retrenchment system to establish and improve the importance of, and then select a few representative countries and organizations on layoff system, comparison and analysis. Selected civil law countries including France, Germany, Japan and the United Kingdom common law countries, as well as the International Labor Organization. Separate paper on the way to take the above-mentioned countries and organizations, followed by layoffs system described, the system discussed, the following conclusions: the typical civil law countries such as Germany, France and layoffs to the economy is relatively well provided common law countries, such as the provisions of the United Kingdom is relatively more simple, of course, the economic retrenchment of some of the provisions of the things in common, can be refined for reference: First, the prerequisite for the reduction of staff must, of necessity, that while States the reasons for the layoffs were a different way of legislation, but can not be laid off for no reason, and to emphasize the reasons for layoffs are convinced that there must be a surplus of labor resources, and generate the necessary lay-offs, which is a causal relationship between the justice of course; b employers in most of the downsizing process of consulting the parties concerned have to be laid off staff to understand the situation or the development of the program was the reduction of staff and with groups of workers represent the interests of consultation obligations. And pointed out that France and Germany, the Committee system in the layoffs of the different roles and possible consequences; Third, reporting obligations, the provisions of France and Germany have reported layoffs to the executive branch and the labor, the labor administrative departments in the redundancy system The role is different, the labor administrative departments of France only a supervisory role, while the German labor bureau has become one of the main lay-offs; four standards is limited to layoffs and job cuts at the time of the employer in consideration of the social.Paper is the third part of China's economic retrenchment System. Followed by discussion of China's current economic system, the basic content of layoffs, "Labor Contract Law" in the economic system to improve the lay-offs. In our current economic system of lay-offs, including the design on several parts: First, economic reasons for layoffs; Second, economic retrenchment procedures; Third, the restrictive economic provisions of layoffs; Fourth, the economic retrenchment of the social security considerations . In the "Labor Contract Law" in the system of economic retrenchment on this part of the improvement, the main is relatively "labor law" is concerned, specifically the following areas: First, the standard specifies the lay-offs; second is to emphasize to the labor administration the exercise of reporting obligations for the reduction of program content; three is appropriate to relax the conditions and requirements of the job cuts retained the priority of the case.Paper is the fourth part of China's economic retrenchment system problems and improve the problem. In our current economic system of lay-offs in order to keep this part of the problem, mainly on the following aspects: First, the reasons for the reduction of staff provides clear standards for the serious difficulties and the significant changes in objective circumstances did not clearly defined; second is the reduction of the number of and advance notice of issues, including whether the number of reductions and a uniform for 30 days advance notice is reasonable question; Third, the standards for the reduction of staff, pointed out that the "Labor Contract Law" provides that three of the cases can be retained in preference to whether the may cover all the circumstances should be taken into account, and whether there is between the sequence; Fourth, aspects of the redundancy of the trade unions and the labor administrative departments in the economic role of the redundancy provisions in the clear. Economic system of lay-offs made to improve this part of the following aspects: First, the economic reasons for layoff provisions of the sound. It should be pointed out that the system of economic reasons for layoffs to further refinement of the serious difficulties and significant changes in objective circumstances, for information, make reasonable provisions; Second, the economic standard of the perfect lay-offs. Combination of lay-offs of foreign standards and the reality of our country that our country should be listed in the existing formulation based on the increase in the provisions of a general type; The third is to strengthen the participation of trade unions. Combination of foreign enterprises in most of the downsizing process of the role of organizations such as the Commission pointed out that China's trade unions in the economic role of the redundancy of the inadequacy of the provisions and made recommendations for improvement; IV is to improve the economic compensation to enhance the protection of retrenched staff. Financial compensation by the theoretical analysis and the "Labor Contract Law" in the economic provisions of the shortcomings of layoffs, combined with foreign system, pointing out that China's due to be laid off personnel should be financial compensation alone, be considered a priority; Fifth, corporate social of programs. Through social programs and foreign enterprises in China compared with the relevant measures, corporate social responsibility and play a course of analysis of China's economic retrenchment system should provide corporate social plan; six is to strengthen information disclosure and review to avoid opportunistic behavior. Pointed out that the lay-offs that may arise in the course of opportunistic behavior and, in conjunction with the relevant provisions of foreign countries and put forward proposals for reform.
Keywords/Search Tags:Staff reduction, International comparison and analysis, Contradictions, Countermeasures
PDF Full Text Request
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