劳动法适用与小微企业发展的冲突与豁免

Conflict and Immunity between the Application of Labor Law and the Development of Small and Micro Enterprises

当前我国小微企业的劳动关系实质上是在劳动法律覆盖范围之外运行的,但小微企业自身困境使其难以与大中企业一样统一适用劳动法律规范,有必要考虑小微企业特殊困难,放宽解雇保护制度、采取灵活多样的用工制度、加大社会保险费补贴、放宽成文规章制度等措施以解决劳动法适用与小微企业发展间的冲突。同时为避免小微企业沉陷于豁免待遇中,固步自封,对那些发展到一定年限、有一定规模的小微企业应逐步过渡到取消特殊待遇。

At present,the labor relations of small and micro enterprises in China are essentially operating outside the scope of labor law.However,the difficulties of small and micro enterprises make it difficult for them to apply labor law uniformly as those of large and medium-sized enterprises.It is necessary to consider the special difficulties of small and micro enterprises,relax the protection system of dismissal,adopt flexible and diverse employment system,and increase it.In order to solve the conflict between the application of labor law and the development of small and medium-sized enterprises,measures such as large social insurance premium subsidy and relaxation of statutory rules and regulations should be taken.At the same time,in order to avoid the small and micro enterprises sinking into exemption treatment and self-confident,those small and micro enterprises that have developed to a certain age and a certain scale should gradually transit to the abolition of special treatment.