Author: Prof. WANG Qian
Prof. WANG Qian, Juris Doctor graduated from University of Bremen, is an associate professor of Tongji Law School. She specializes in Labour Law and Social Security Law. She was selected in Shanghai Pujiang Talents Program, Tongji University Talents Program, Shanghai Youth Law and Legal Talents Program. She has published many articles, two monographs and one translation work. Over ten of her articles has been published in CSSCI source journals such as Legal Science, Contemporary Law Review, Journal of ECUPL. Five of her articles were reprinted by Economic Law and Labor Law of the Renmin University. In addition, Prof. WANG has completed one national-level social science research project, one provincial-level project, and three university-level projects. Meanwhile, she serves as an external review expert for three CSSCI source journals.
Contents
Preface
Chapter I Overview of Economic Layoffs Regulation System
Section 1 Current Regulations on Economic Layoffs
Section 2 Current Status of Theoretical Research on Economic Layoffs
Section 3 Statistics of Judicial Decisions on Economic Layoffs
Chapter II Reasons for Economic Layoffs
Section 1 Understanding and Application of Statutory Reasons for Dismissal
Section 2 Dismissal for Business Reasons in German Law
Section 3 Reconstruction of the Reasons for Dismissal in China
Chapter III Dismissal Based on "Significant Changes in Objective Circumstances"
Section 1 The Problem of Jurisprudence
Section 2 Requirements for Changing the Labor Contract
Section 3 Analysis of Typical Cases
Chapter IV Collective Bargaining in Economic Layoffs
Section 1 Importance of Collective Bargaining
Section 2 Regulations and Practice
Section 3 Collective Bargaining in German Law
Section 4 Improvement Suggestions of Collective Bargaining in China
Chapter V Government Participation in Economic Layoffs
Section 1 The Meaning of "Reporting to the Labor Administrative Department"
Section 2 Comparison of German and French Regulation Models
Section 3 Administrative Approval or Administrative Filing?
Section 4 Other Roles of the Government in Economic Layoffs
Chapter VI Measures to Avoid or Reduce Dismissal
Section 1 The Embodiment of "The Principle of Ultima Ratio"
Section 2 German Experiences of Reducing Dismissal
Section 3 Improvement of Chinese Regulations
Chapter VII Prohibition in Economic Layoffs
Section 1 Interpretation and Application of Article 42 of the Labor Contract Law
Section 2 Special Dismissal Protection in German Law
Section 3 Insufficiency and Improvement of China's Dismissal Prohibition Regulations
Chapter VIII Priority Retention in Economic Layoffs
Section 1 Existing Regulations and Judicial Practices of the Priority Retention System
Section 2 "Social Selection" in German Law
Section 3 Improvement of China's Priority Retention System
Chapter IX Modification of the Economic Compensation System
Section 1 Pre-issues: Nature and Function of Economic Compensation
Section 2 The German Experiences of Institutional Substitution
Section 3 Medium and Long-term "Overhaul Plan" and Short-term "Small Reform Plan"
Section 4 The Balance between Flexibility and Safety
Conclusion
Section 1 The Background of the Regulation of Economic Layoffs
Section 2 Improvement Suggestions of the Regulation of Economic Layoffs
Appendix Introduction to the German Dismissal Protection System
Tongji law
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