| Chinese Labor Contract Law and other labor-related laws are applied to all employers including all enterprises as well as individual industrial and commercial households despite of their sizes and differences. Such regime needs further consideration.Small and medium-sized enterprises including individual industrial and commercial households are playing a more and more important role in economical development, state revenue and employment, etc. Furthermore, compared with large ones, small enterprises are disadvantaged in their size, capital, management, human resources, and so on, and have special needs in employment policy, especially need more employment flexibility. Moreover, some provisions of Chinese employment laws are very difficult to be observed by small enterprises and in theory, favorable treatments to small enterprises would not necessarily undermine the interests of their employees. Accordingly, to ease the burden on small enterprises, support their growth and promote the enforcement of employment laws, favorable treatments should be offered to small enterprises in employment laws.It is common in many jurisdictions to provide favorable treatments to small enterprises in employment laws. Considering their features, many employment laws in the US give immunity to small enterprises. For example, most antidiscrimination laws governing workplace in the US don’t apply to small employers with certain number of employees or less. Also, in Germany, where labor protection is well-known, there is strict termination law to protect the employees from unfair dismissals, however, such law also gives immunity to small enterprises. More similar provisions could be found in countries or regions such as Japan, Korea and Chinese Taiwan.In light of the foreign experiences and Chinese situations, some favorable treatments should be given to small enterprises including individual industrial and commercial households, sole proprietorship enterprises, partnership enterprises and share-holding cooperative enterprises which share similar features and have few employees on average. These enterprises could be exempted from the provisions concerning to dismissal, working rules, social insurance, etc. |
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