On The Social Legitimacy Standard Of Economic Layoffs In Enterprises

Influenced Over the past year,China’s economic development has been severely tested by the epidemic.As a result,enterprises have faced operational difficulties,capital shortages and other crises,and economic layoffs have followed.Layoff is bound to lead to the unemployment of a large number of workers,easy to damage the labor rights of workers,resulting in social disorder.In this context,we should not only pay attention to the legitimacy of economic downsizing,but also pay attention to its social legitimacy.Therefore,based on the legislative norms and judicial practice,the analysis and construction of social legitimacy standards,to avoid vicious layoffs in enterprises,can better safeguard the rights and interests of both enterprises and workers as well as the public interests of the society.The social legitimacy standard of enterprise economic downsizing starts from the establishment of the most common social interests,distinguishes the interests of workers and enterprises,and seeks the realization of the social development interests and public interests at a higher level under the premise of legality.In this regard,based on the analysis of the legislative provisions and the current situation of legislation,we can clarify the essence of the social legitimacy standard of economic layoff.First,the cause of layoff is just.Different from legal cause,just cause means that employees shall not be laid off without just cause,which restricts the abuse of rights by enterprises on the basis of affirming the enterprise’s autonomy to lay off employees.Second,layoffs are justified.In order to realize the social legitimacy of layoff,we must attach importance to the legitimacy of procedural elements,including the consultation mechanism,the obligation to publicize the layoff list,the explanation of the causes and plans of the layoff,and the hearing of the opinions of the labor administrative department.Third,balance conflicts of interest.According to the interest rank standard of "social public interest>right of occupational stability=right of operation and management",the enterprise interests and workers’ rights in conflict can be satisfied as far as possible with the maximum guarantee and proper intervention of public power,so as to realize higher social interests.At the same time,according to the legislation on enterprise economic downsizing provisions,combined with the court cases,we can understand the economic downsizing in China’s enterprises in the cause of downsizing,downsizing procedures,priority retention system,there are legislative and judicial incompatibility.Based on the existing problems,we should try to reconstruct its social legitimacy criteria:first,the application of social selection criteria.The selection range should be defined for comparable employees,the degree and level of social protection should be defined,and the layoff list should be determined according to different social protection procedures.Second,the application of the principle of proportionality.The unequal relationship between labor and capital can give room for the application of the principle of proportionality,and the proper legitimacy review can be carried out while the principle of proportionality is applied appropriately while protecting workers.Thirdly,the application of the principle of last resort.Companies should use all possible means to seek alternatives to layoffs,and layoffs are the ultimate option.