Research On The Legal System Of Economic Layoffs

Since the 2007 Labor Contract Law relaxed the restrictions on economic layoffs,increased the scope of economic layoffs by employers,and made very specific provisions on the number of layoffs and layoffs,the employer's operational autonomy Being effectively strengthened,the legitimate rights and interests of laborers are effectively guaranteed,and the intensity and quality of domestic disputes arising from economic layoffs have been improved to some extent.Although the Labor Contract Law has a relatively clear guarantee for the domestic economic layoff system,there are still many vague areas in the labor law,such as physical conditions and procedural conditions,and so on.After the layoffs,the workers' economic compensation system and other issues,and the local government did not give corresponding supporting measures,which still faces many obstacles in the implementation of the economic layoffs system,to achieve a truly fair and reasonable economic layoffs system.There are still great difficulties.This paper asks questions through typical cases,analyzes the legal provisions in detail,and conducts in-depth research on the economic requirements of economic layoffs,procedural elements,and economic layoffs.It also proposes to help economic layoffs.The system is more scientific and more reasonable.Basic theoretical issues.Introduce the connotation characteristics of economic layoffs,as well as the rationality and regulatory necessity of the layoff system itself,in order to better study the physical elements,procedural requirements and economic compensation.The substantive elements of the layoff system.The domestic law stipulates the substantive requirements of the layoff system.Although there are restrictions on the number of people and conditions,it is not specific.This paper proposes that China should clarify the substantive requirements by comparing the practices of other countries outside the domain with the actual situation in China.Suggest.Procedural requirements for economic layoffs.The legal requirements for economic layoffs are that the company needs to explain the situation to the employee assembly or the trade union 30 days in advance,and then report to the relevant government departments.When the layoffs are laid off,the long-term fixed-term labor contract is preferentially retained,and the family has no other employment except the laid-off workers.There are three types of personnel,but the procedural rules are also imperfect.After analyzing this article,the paper puts forward specific suggestions such as the employee's right to dispose of the dismissal plan and increase the role of the labor department in the layoff process.Economic compensation for economic layoffs.The law stipulates that economic layoffs should make economic compensation for the people who have been laid off and issue economic compensation.However,the economic compensation system also has one-size-fits-all compensation,and there is no question of the situation of people.According to this,this paper proposes some specific suggestions for refining economic compensation.