Font Size: a A A

The Reflection And Reconstruction Of China's Economic Dismissal System Under The Perspective Of Freedom Of Contact

Posted on:2012-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:W J YuanFull Text:PDF
GTID:2216330338471743Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the constant improvement of the market economy, the marketing degree of China's labor and employment system is deepening,and the labour relation is become more flexible and efficient in market economy era ,compared to the highly stable and rigid state in planed economy era.The economic dismissal system just reflects the the market-oriented labor relations.When the companies face their difficulties or changes of market conditions, they can take the initiative to dismiss workers to effectively alleviate the crisis. However, economic dismissal concerns a worker's employment rights and the right to life, so it will seriously affect the worker's interests then the right of the companies and the labour right of the workers will be conflict. The purpose of the legal system is to resolve this conflict, then balancing the interests between companies and workers, giving the attention to the equity and efficiency.The economic dismissal system means that when the companies involved in difficulties or when the economic conditions changed greatly,they can dismiss a great number of workers to ease the labor surplus, and then they can reduce costs,and improve production operating conditions. Because the workers is no fault and a large number of people involved,so it has great social impact. China's "Labor Law" and the "Labor Contract Law" and other laws or regulations concern the economic dismissal system,but all of them didn't reflect the purpose of the economic dismissal system well, and the design of the system did not fully balance the interests of both parties,so it caused a lot of defects.The mainly reasons of the defects of China's economic dismissal system is that we concerned the inequality of labor relations overly, leading to inappropriate national legislative intervention in the labor relations, resulting the imbalance of the interests of companies and workers. However, if we use the perspective of contracts to build and improve the system, then there will be an inherent legitimacy and the effectiveness of external. The former is that both of the economic dismissal system and the contract system have the same attribute of private law , and the latter is that after contract-based communication, the interests of employees and employers will fulfill fully, then this will guide the companies and the workers to behave according the laws. Just because of this, under the guidance of the concept of freedom of contract the legislation of China's economic dismissal system should follow the ideas which mainly concern the procedural legislation.That is to say,we should better design a mechanism which the employees and employers can negotiate greatly ,then the interest of both sides can be fully expressed and satisfied.Of course, based on the inequality of labor relations, we should also set up a series of statutory standards as the precondition before the employers and employees negotiate,then,it will be ensure fair for both sides.
Keywords/Search Tags:economic dismissal, the freedom of contract, state intervention, procedural mechanism
PDF Full Text Request
Related items