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在2008年底引发的全球金融危机的巨大冲击之下,中国企业面临着严峻挑战,大量企业收入和销售利润明显减少,众多行业亏损严重,纷纷采取裁员措施以应对经营困境,一时间“经济性裁员浪潮”愈演愈烈。然而实践做法亟待法律进一步规范和制约。本文从法律适用的角度,从经济性裁员的条件和标准、程序中存在的具体问题进行了分析,并对劳动保障体系立法完善提出了参考性的建议和设想,以期对企业经济性裁员的制度起到有价值的指导作用。
Under the tremendous impact of the global financial crisis triggered by the end of 2008, Chinese enterprises were faced with severe challenges. Large numbers of corporate incomes and sales profits were significantly reduced, and many industries suffered serious losses. They have all taken retrenchment measures to cope with operational difficulties. For a time, “economy Layoff wave ”intensified. However, the practice needs to be further regulated and restricted by law. From the perspective of the application of law, this article analyzes the conditions and standards of economic layoffs and the specific problems existing in the procedure, and puts forward suggestions and assumptions for the legislative perfection of the labor security system in the hope of reducing the economic layoffs of enterprises Play a valuable guiding role.