中国与欧盟经济性裁员立法的比较及借鉴

A Comparative Study of the Economic Redundancy Law between European Union and China

经济性裁员不仅是劳动者个体的梦魇,而且严重冲击劳动力市场,构成经济社会不稳定因素,是各国劳动立法的重点。欧盟集体性裁员立法经过近30年的发展,较为成熟,可作为我国经济性裁员立法的借鉴。我国相关修法,应解决经济性裁员界定的瑕疵并予以精细化,强化经济性裁员中用人单位的信息披露义务,以促进劳资双方就相关事宜的协商,政府干预应以违规稽查为主,避免事前许可方式的过度干预。从整体上借鉴欧盟程序立法的特色,以弥补我国经济性裁员立法偏重实体规定的不足。

Economic redundancy is not only a nightmare for employees,but also has a serious impact on the labor market,constituting a major instability factor for the economic society.Thus it is the key point of labor legislation in each country.After nearly 30 years＇ development,the collective redundancy of EU legislation has become relatively mature and could therefore be a reference for China＇s economic retrenchment legislation.The amendments to the related laws in China should address the defects in the definition of economic redundancy and be elaborated,strengthen the information disclosure obligations of employers so as to promote the negotiations between employers and employees on related issues.The government intervention should be mainly on the inspection of violation so as to avoid excessive interference with the possible problem-solving issues.Overall,the economic redundancy legislation in China should learn from EU＇s characteristic process of legislation so that Government intervention should be based on non-compliance inspection and avoid excessive interference by pre-licensing.Overall,Chinese economic redundancy legislative could learn from the process characteristics of the EU legislative to compensate for the shortage in over-stressing substantial rules.