| System about layoffs started late in our country," Labor law of the People’s Republic of China " provisions of the terms of the application of the principle,"Labor contract law of the People’s Republic of China" has carried on the supplement to it,strengthening the protection of the rights and interests of laborers.Are now preparing to promulgate the regulations of staff reduction,for the first time to safeguard the legitimate rights and interests of enterprises as one of the purpose of the legislation of labor relations,the need to consider the interests balance,and cut in front of the program,democracy,the protection of special groups,after the layoffs of obligation,the responsibility of illegal workers more specific aspects and so on.Redundancy system in our country existing legislation,however,simple structure,low legislative level,lack of suitable conditions are not clear and so on,in the practice of supporting measures are imperfect,lack of the role of trade unions,layoffs in system is in trouble,in the law enforcement is blurred,did not achieve its original purpose of legislation.This article is divided into three parts analyze layoffs law enforcement and mess.First introduces the general theory,the essence of layoffs fired not because laborer fault,but because it is for special,larger,the influence of the negative emotions of laborers is very serious,do not properly will affect social stability.Then according to the specific data and cases,analysis our country enterprise layoffs law enforcement in trouble.Finally combining with "the enterprise staff reduction regulations(draft)" to explore the crack of the mess,and draw lessons from foreign mature experience from the perspective of social responsibility make perfect laws and regulations and government.To supplement the existing system,to carry out the standard,the detailed specification,strengthen alternatives,and the introduction of bargaining,the early warning mechanisms such as layoffs.Also logically coherent,the same system between the laws and regulations ofthe applicable scope and the procedure process is consistent,the legislative level to improve,but also by using the theory of control power of clear government supervision status,to prevent the abuse of power. |
