The Study On The Legal Regulations Of Economic Layoffs

Economic layoffs is a special way for the employer to terminate the labor contractsunilaterally due to the economic reasons. It involves the fate of the failure of enterprises, alarge number of workers' legitimate rights and interests that may be related to thesocio-economic stability. Therefore, it should be the focus of legal regulations.Firstly, the paper sort out its concept of the legislation and scholars at home andabroad and summed up the connotation that should include at least three factors: thesubject factor, the scale factor and the period factor. Then, it analyzed the necessity of legalregulations of economic layoffs. Secondly, it started from three basic factors to investigatethe characteristics of rules and theories of Germany, Britain, Japan and Taiwan of China oneconomic layoffs. And it summed up the revelation of the legal regulation of economiclayoffs on China's. Again, it introduced the status of the legal regulations of China's laborlaw on economic layoffs from the two aspects of the procedural requirements andsubstantive requirements, and pointed out the existing problems.In the previous analysis, it made recommendations based on the Legal Regulations ofChina's economic layoffs. The procedural aspects include three parts: Explicitly requiringthe contents that the employer explained to the labor union; Explicitly requiring thecontents of the report by the employer to the labor administrative departments; Increasingthe provisions of the validity of the act and the legal consequences of economic layoffswhen the employer failed to statutory procedures; The substantive aspects include fourparts: Typing the subject factor to the judicial practical cases; Associating the scale factorwith the period factor and following the principle of proportionality; Increasing the generalregulation on layoffs standard; Refining the regulations of the economic compensation.