Research On The Legal Issues Of The Application Of Dismissal Protection System To Small And Micro Enterprises In China

In the new era,supply-side structural reform and "Internet Plus" have brought about the multiplication of entrepreneurship and innovation and the division of streamlining administration and delegating power,and market vitality has been further released.As the most active and largest group in the market economy,small and micro enterprises are an important support force for promoting China's economic transformation and upgrading.However,compared with large and medium-sized enterprises,small and micro enterprises have weaker ability to resist risks and are weak competitors in the market economy.The "stable labor relationship" tried to establish by the Labor Contract Law is inconsistent with the development needs of small and micro enterprises,because the market competition mechanism determines that their focus is "survival and development".The legislature of our country ignores the particularity of small and micro enterprises and has formulated a series of labor laws and regulations based on large and medium-sized enterprises.This "unified adjustment mode" generalizes large and medium-sized enterprises with strong external competition strength and perfect internal management with small and micro enterprises with weak external competition strength and lack of internal management.This has caused many problems in the application of labor laws to small and micro enterprises.In particular,my country's dismissal protection system focuses on the protection of workers' right to survival.It puts the level of dismissal protection at a high level in terms of the reasons for dismissal,dismissal procedures,and dismissal consequences.This has led to large dismissal costs for small and micro enterprises when they exercise their dismissal rights,the normal production and operation activities of enterprises are also affected by this.Although the high level of dismissal protection system protects the legitimate rights and interests of workers,it restrains the development of small and micro enterprises.Undeniably,labor laws affect the survival and development of small and micro enterprises to a certain extent,which urges countries to give special care to small and micro enterprises when formulating relevant laws.There are a large number of small and micro enterprises in China,and the country should support them from all sides.However,the high level of dismissal protection system in the labor law is not consistent with the policy concept of supporting the development of small and micro enterprises.Therefore,it is a top priority for China to formulate labor laws and regulations to promote the healthy development of small and micro enterprises.The dismissal protection system as an important system design to guarantee the right to survival of workers,has become one of the core systems of labor law.The article aims to improve the dismissal protection system,and explores the legal issues that occur when small and micro enterprises exercise their dismissal rights,and initially proposes comprehensive countermeasures at the macro and micro levels.Specifically,establish the principle of differential adjustment at the macro level,treat weak small and micro enterprises differently from stronger large and medium-sized enterprises.In terms of the dismissal protection system,laws and regulations suitable for the development of small and micro enterprises are formulated based on the flexible employment model of small and micro enterprises.At the same time,it still adheres to the principle of inclined protection when making differential adjustments to small and micro enterprises to protect the legitimate interests of workers from infringement and achieve a win-win situation for both labor and management.In order to accurately grasp the "degree" of differential adjustment,it is also necessary to implement the principle of reasonableness and strengthen the legitimacy of law application.At the micro level,the dismissal rights of small and micro enterprises are specified in terms of the reason for dismissal,the dismissal procedure,and the consequences of dismissal.First of all,we should change the legislative mode of "enumeration" in our country,add flexible provisions on the reasons for dismissal,make it a legislative mode of "enumeration + generalization",take the principle of legitimacy as the basis of generalization legislation,and make the reasons for dismissal give consideration to both legitimacy and flexibility.At the same time,in order to reduce the burden of small and micro enterprises and promote their development,it is necessary to exempt them from the obligation to formulate rules and regulations,relax the regulations that small and micro enterprises apply to incompetence,and exclude small and micro enterprises from the scope of application of the principle of preferential retention.Secondly,in terms of dismissal procedures,in order to adapt to the flexible employment mode of small and micro enterprises,the requirements for establishing a trade union can be relaxed.At the same time,flexible negotiation mechanism can be adopted to adjust the dismissal notice period of small and micro enterprises,and the combination of the notice period and compensation compensation can be used.In addition,it is necessary to exempt small and micro enterprises from applying economic layoffs to reduce unnecessary dismissal procedures.Finally,in terms of the consequences of dismissal,increase the flexible application of economic compensation to small and micro enterprises,exempt them from continuing to perform labor contracts and adjust the scope of application of economic compensation.