基于小微企业劳动关系特征的中美劳资立法比较研究

Comparative Study of Sino-US Labor Legislation Based on the Characteristics of Labor Relations in Small and Micro Enterprises

小微企业在促进就业和技术创新等方面发挥了重要作用。本文通过深入分析小微企业生命周期不同阶段的劳动关系特征,认为其劳动关系状况不容乐观,需要重点予以关注和扶持。在此基础上,对中美劳资立法对小微企业的差异化进行比较研究,为我国制定较为科学的、分层次的、差别化的劳动法律标准提供了有益的经验借鉴。

small and micro enterprises played an important role in promoting employment and technological innovation. Firstly, from the perspective of organizational behavior and economics interdisciplinary, theoretical deduction and logic to determine the different stages of the life cycle of small and micro enterprises, labor relations characteristics more in-depth analysis, and 245 small micro-enterprises in the survey and 837confirmed the theoretical analysis of the relevant conclusions on the basis of copies of the employee questionnaire. The study shows that the labor relations situation of small and micro enterprises in China is not optimistic, there are significant differences in labor relations characteristics at different stages of the life cycle of small and micro enterprises, venture period greater development potential of small and micro enterprises, while its labor relations are generally not standardized, It is important to be concerned about and support. U.S. labor legislation, adhering to the ＂maintenance of the survival and development of small and micro enterprises and the legitimate rights and interests of workers and try to clarify the status and characteristics of small and micro enterprises labor relations on the basis of a comparative study of differentiation of the Sino-US labor legislation on small and micro enterprises, philosophy, to fully consider the characteristics of the labor relations of small and micro enterprises as well as the status of implementation of the labor law, the development of the legal terms of differentiation and partial exemption for China to develop more scientific, hierarchical, differentiated labor law standards provide a useful experience.