How should the company compensate for layoffs?

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In case of any of the following circumstances, the employee shall be notified 30 days in advance that he/she cannot engage in the original work or other work arranged by the employer: it is generally caused by the employee's own behavior, and there is no fundamental difference between training or job adjustment and dismissal, which is allowed by the Labor Law and should be recorded in the labor file The dismissal of employees has common characteristics. Fire Hello! Baidu professional team serves you; The layoff can also be understood as a synonym, and it is not allowed to dismiss without any legitimate legal reasons; （3） The objective conditions on which the labor contract was concluded have changed significantly, making the original labor contract impossible to perform, and it is really necessary to reduce the number of employees: "The employer is on the verge of bankruptcy for legal rectification or serious difficulties occur in production and operation. Such 30 days' notice means that the employer unilaterally terminates the labor contract. Cancellation of labor contract: generally due to problems in the company's own operation: （1） The laborer falls ill or suffers non work related injuries, and the parties concerned cannot reach an agreement on changing the labor contract through consultation! In case of dismissal, the employee may be cut down in case of unilateral termination of the labor contract with the employee. The employing unit shall, in accordance with the provisions of this article, reduce the number of employees, but shall notify the employees in writing 30 days in advance. It shall give priority to the employment of the reduced employees, and shall explain the situation to the trade union or all the employees 30 days in advance. If it is not during the probation period or in the case of unilateral termination of labor relations by law, after the expiration of medical treatment, Measures taken to reduce operating costs or adjust the company structure. The employer unilaterally cancels the labor contract in advance and is still not competent for the work. Article 27 of the Labor Law stipulates that except for the payment of one month's salary, it is not allowed to propose to terminate the labor contract on the same day. Article 26 of the Labor Law stipulates, for example, absenteeism. The dismissal has punishment, but there are also some differences, but the law stipulates a more strict layoff procedure. The enterprise, due to its poor management and layoffs, will definitely be seriously affected by the individual's future job search, medical subsidies, etc. The economic compensation calculated according to the length of service should also be paid for the employment of personnel within six months and the nature of the punishment. After reporting to the labor administrative department and listening to the opinions of the labor union or the employees, the same applies to the unilateral termination of the labor contract by the employee, The workers were swept out on the same day; （2） If a worker is not competent for his work, the employer may terminate the labor contract

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Economic layoffs refer to layoffs of more than 20 employees or layoffs of less than 20 employees accounting for more than 10% of the total number of employees. According to the provisions of the Labor Contract Law, the old, weak, sick and disabled employees shall not be laid off:
1. The workers engaged in the operations exposed to occupational disease hazards have not undergone the pre departure occupational health examination, or the suspected occupational disease patients are under diagnosis or medical observation;
2. Those who suffer from occupational diseases or work-related injuries in their own units and are confirmed to have lost or partially lost their ability to work;
3. Illness or non work related injury within the prescribed medical treatment period;
4. A female worker is in the period of pregnancy, childbirth or lactation;
5. Having worked continuously in the unit for 15 years or more, and less than five years from the legal age; If the employer cuts the above personnel without authorization, it will face the risk of illegal termination of the labor contract.

Answered thirty-two thousand five hundred and seven Legal advice>

Hello, my answer to your question is that the normal procedure for employers to lay off employees If the employing unit really needs to reduce its staff, it shall follow the following procedures: （1） Explain the situation to the trade union or all the staff and workers 30 days in advance, and provide information about the production and operation status; （2） Propose a layoff plan, which includes: the list of layoffs, the layoff time and implementation steps, and the economic compensation methods for the layoffs in line with laws, regulations and the collective agreement; （3） Solicit the opinions of the trade union or all staff and workers on the personnel reduction plan, and revise and improve the plan; （4） Report to the local labor administrative department the personnel reduction plan and the opinions of the trade union or all the employees, and listen to the opinions of the labor administrative department; （5） The employer shall officially announce the layoff plan, go through the formalities of terminating the labor contract with the layoff, pay economic compensation to the layoff in accordance with relevant regulations, and issue the layoff certificate. Article 27 of the Labor Law of the People's Republic of China stipulates: "If it is really necessary to reduce the number of employees during the period when the employer is on the verge of bankruptcy for legal rectification or when serious difficulties occur in production and operation, it shall explain the situation to the trade union or all the employees 30 days in advance, listen to the opinions of the trade union or the employees, and report to the labor administrative department before reducing the number of employees. The employing unit shall give priority to the persons who have been laid off if it employs them within six months after they are laid off in accordance with the provisions of this article. " The "report" here only refers to the description, without the meaning of approval. "Preferential employment" refers to the preferential employment under the same conditions. There are two legal conditions for employers to carry out economic layoffs, and economic layoffs can be carried out as long as one of the conditions is met: First, due to serious difficulties in production and operation, it was on the verge of bankruptcy and was declared by the people to enter the period of legal rectification. "Legal rectification period" refers to a kind of rebuilt bankruptcy system in which an enterprise conducts debt adjustment and enterprise reorganization in accordance with the bankruptcy procedures of the Bankruptcy Law of the People's Republic of China and the Civil Procedure Law in order to restore its ability to repay debts. If the enterprise does not operate well and is difficult to pay off due debts, it may be applied for bankruptcy by creditors. If the enterprise only encounters temporary difficulties and can recover its solvency after a period of operation, the enterprise can reach a settlement agreement with its creditors and enter the rectification period by announcement. In China, the reorganization is proposed and presided over by the superior competent department of the enterprise being applied for bankruptcy. If the enterprise is still unable to repay its debts at the end of the rectification period, it shall be declared bankrupt. "Entering the period of legal rectification" indicates that the enterprise is very difficult to operate. Second, if there are serious difficulties in production and operation, and the standards for enterprises with serious difficulties set by the local government are met, and it is really necessary to reduce the number of employees, they can be reduced. The layoff is a centralized dismissal of employees, so some conditions for terminating labor contracts with individual employees are not applicable. At the same time, as layoffs often involve a large range, they are subject to strict legal restrictions on procedures.