A Research On The Legal Issues Concerning The Economically Laid-off Workers In China

With the deepening of economic globalization,the financial turmoil triggered by U.S.subprime mortgage crisis in 2008 has spread to the whole world,caused a huge adverse impact on the development of enterprises.Enterprises are confronted with the unprecedented competition and pressure,because of economy downtown in Europe and United States and China's slowdown.In order to handle this and carry out the sustainable developments,companies tend to adjust their production and work organization through update management level,merger,transfer of production base,etc.Therefore,many companies adopted the method of economic layoffs to lower costs.Economic dismissal system,endowing companies a fairly wide right of terminating labor relations,represents an embodiment of independence.However,losing jobs may make living condition worse and it also influence the relationship between relatives.Finally,it many threat a social and economic stability.We must recognize,strictly system for protecting of workers' interest would be necessary especially to those who are in adverse status.There is a certain degree of the problemin the real elements of layoffs of Chinese economic layoffs systems,program elements,restrictive elements,social programs and corporate legal responsibility,which is not conductive to protecting the legal rights of workers.In terms of application,even though we have regulations concerning the number and percentage of layoffs and four applicable situations.We do not have clear definition concerning standards of whether employers is in terrible economic situations and objective conditions have changed significantly are not clear.Taking those above into account,this article makes several suggestions to perfect the institution of economic layoffs from the aspect of legal application with some detailed cases discussed.In terms of legal procedure,even though we have advance notice mechanisms which can be reported only after the official announcement,this mechanism lacks warning and barging.Labors are not fully protected.In addition,the responsibilities of government departments and enterprises are not clear yet.This paper puts forward to develop a warning mechanism to strengthen the effects of organizations and the relevant administrative departments,and it also refined the provisions of layoffs reasons,scale,standard,economic compensation to improve the system of economic layoffs.So in this essay reviews some representative cases that are mature in the system of economic layoffs including Germany,Japan,Taiwan region which help to establish a foundation for improving and reforming the economic layoffs system of us.In terms of unemployment,china has set up priority retention and priority employment mechanisms in order to protect those who are in adverse situation.However,there is no precedence in the priority retention provision.The priority to hire legal mechanism in practice is not practical.This paper puts forward to develop a clearer priority retention mechanisms which clarify the preferential employment conditions and incentive measures.Compensation should be relevant to the contribution of workers to enterprises.Therefore,the author believes that layoffs should give priority to retain staff when the statutory standards to be improved.Enterprises should select the employees to be laid off to consider their own survival and development needs,but also follow the principle of fairness and.justice,but also to pay attention to the effective protection of the right to work,to further clarify the preferential employment conditions and incentive measures.The amount of economic compensation and the contribution of workers to enterprises is proportional to.