Research On The Related Legal Issues Of Government Intervention In Collective Downsizing

Collective downsizing is the inevitable phenomenon in a market economy system, which is a necessary manner in allocating optimally the labor resources. By downsizing, the employers can reduce the burden and costs, and maintain the competitiveness of enterprises. Collective downsizing is the embodiment of the engagement autonomy of enterprise, and also the objective requirements of modern enterprise the under the conditions of market economy. However, the large downsizing will inevitably result in the large unemployment, which not only relates to the life right of many laborers, but may endanger the stability of economic and social order. In order to decrease the impact of downsizing on the community, to protect the rights of laborers, and to prevent the employers cut down the staff randomly, governments need to play a role.For these reasons, this paper is titled as Research on the Related Legal Issues of Government Intervention in Collective Downsizing. We conducted the systematic analysis and study by applying the Comparative analysis and case analysis. The paper is divided into six parts.In the first part, we mainly discussed the legitimacy basis of government intervention in collective downsizing. We firstly define the collective downsizing, and then elaborate the legitimacy basis of government intervention in collective downsizing from three aspects: preventing the employers cut down the staff randomly, protecting the right of labors, and maintaining the social order. Finally, we propose that it is necessary to adjust the legal about the government intervention in collective downsizing, which is discussed from three aspects: normalize the government behavior, increasing the legitimacy of government intervention in collective downsizing, and maintaining the legitimate rights of the parties of labor relations.In the second part, we discussed the role of government in collective downsizing. We firstly propose that the government play two roles in collective downsizing according the property of downsizing: the role of coordinator and the role of supervisor. Then we specific the content and features as the coordinator and supervisor for government.In the third part, we discussed the ways and conditions of government intervention in collective downsizing. In this section, we firstly introduced the manner of government intervention in collective downsizing, and proposed two manners: positive intervention and negative intervention. Then we discussed how to select the manner of government intervention in collective downsizing. Finally, we discussed the conditions of government intervention in collective downsizing from the downsizing fact, the offense existence and not exercising the appeal right.In the fourth part, we analyzed the special relief measures adopted by government in coordinating the legal downsizing. Firstly, we elaborated the necessity of providing the special relief measures by government in the legal downsizing. Then we introduced the types of special relief measures which can be adopted by government. Finally, we discussed how to utilize and supervise the special relief measures.In the fifth part, we discussed how to deal with the unlawful downsizing. Firstly, we analyzed the form of unlawful downsizing from the legal point of view. Then we introduced how to deal with the unlawful downsizing by government.In the sixth part, we discussed how to control the government behavior in the collective downsizing. Firstly, we elaborated the necessity of legal control of government behavior in the collective downsizing. Then we proposed some measures such as information disclosure, inspiration and guarantees, public opinion, responsibility bound, error correction mechanism, to control the government behavior.