A Research On Legal System Of Collective Redundancies

Along with fluctuation of the market economy, enterprise illegal layoffs also emerge in an endless stream, under the situation of "strong capital, weak labor", the immediate interests of workers can not be effectively safeguard. Because of our collective redundancies legal system is not perfect, procedural and normative content is insufficient, so the existing legal system can not play its due role. Although in2007the introduction of labor contract law" on the collective redundancies were more clearly defined and program settings, but in the2009financial crisis, improving the performance appraisal of standard to sieve out" incompetent" employees, the relocation of factories to the two or three line of the city," lightning fire" and other illegal means is that many employers adopt. Collective redundancies legal system does not display its social effect, legal system in many procedural, normative content is insufficient. Protection of the legitimate rights and interests of workers in China, promoting social harmonious development of labour productivity and labour relations is by perfecting legal system of collective redundancies in China to achieve goals. This is a mass-layoffs a legal system based on the results of existing research, and the labour contract Law, the labour Law and other laws and regulations relating to collective redundancies in system of statutory licensing conditions and cut standards are summarized. United Kingdom, Greece, Sweden, Germany and Russia five collective redundancies of extra-territorial legislation was introduced. The defects and deficiencies of Collective redundancies in the law is revealed, both comparison with foreign legislation. Final recommendations for improvement of the legal system of collective redundancies were made.This article is divided into five parts:The first part is an overview of the system of collective redundancies, focuses on five issues. The first is a summary of the research on the system of collective redundancies at home and abroad. The second is the meaning of collective redundancies generalization, evolution and the origin of China’s system of collective redundancies. The third is the analysis of the legal nature of the system of collective redundancies. The fourth is the economic analysis of the system of collective redundancies. Finally is the analysis of the rationality of the system of collective redundancies.In the second part the author summarizes the statutory license conditions of collective redundancies. The statutory license provided that the collective redundancies and the number of requests, legal situation, give priority to retain personnel, procedural conditions, economic compensation in the case of the prohibitions and layoffs.In the third part, the author describes the United Kingdom, Greece, Sweden, Germany, and Russia for collective layoffs, layoff procedures, compensation standards of the legal system, judicial supervision measures and legal responsibility of States.The fourth part summarizes the inadequacies of our legal system. Including three aspects, lack of standard, inadequate consultation mechanisms, the lack of legal responsibility.On the basis of the previous four parts, the fifth part gives suggestions on collective redundancies legal system.On the basis of previous studies, this article has the following innovations:First, in order to provide references for the research of other scholars, the author summarized and translated legislation, layoff procedures, and compensation standards of five countries, including Britain, Greece, Sweden, Germany and Russia.Second, this paper presents some proposal on collective redundancies, the labor-management negotiation mechanism and legal responsibility.