Redundancy

Economic downsizing is a term that the employer fires a number of employees that terminates the labor relation.Such a way to improve its production and operation is targeted at protecting its competency in the market economy and overcome difficulties at the moment.The process of economic downsizing includes two situations: terminate through consultation between employer and employee and the other is the employer lifts the labor contract unilaterally.This paper has firstly made an analysis on the connotation of economic downsizing from its substantial elements,restrictive elements,procedural conditions,property analysis and so on.It points out the legislative defects of the economic downsizing system.Although it is a great progress for China to develop the economic downsizing system,many laws and rules are not complete.A lot of items ruled in the laws are uncertain and many crucial items are not ruled which have made those laws are not enforceable.From the research on the current situation of legislation for economic downsizing system,problems of the economic downsizing can be found in four aspects: substantial elements,procedural elements,restrictive elements and social planning.At last,based on the analysis of defects and current situation of legislation for economic downsizing system,the author has emphasized that the improvement of economic downsizing system is of realistic necessity and urgency in protecting laborers' legal interests,maintaining social stability and achieving legislative goals of economic downsizing.Then,the author has come to a conclusion that the economic downsizing system in China should spend efforts in its improvements from six aspects,including substantial elements,procedural elements,restrictive elements,social planning and legal responsibility for enterprises.Economic downsizing is special as it is an advance and no-fault way to relieve labor contract unilaterally.It is the product of game between operational autonomy of enterprises and legal rights of laborers.As economic layoff system usually leads to great unemployment and exerts impacts on laborers' legal rights and interest as well as social stability,it is a crucial task to improve the economic downsizing system.Currently,China enjoys the economy boom.However,it is accompanied by increasingly prominent labor disputes.The violation of laborers' rights and interests has occurred repeatedly,which leads to discords of labor relations.Therefore,China should take legislative experience from the abroad and improve its own economic downsizing system.