How will the company compensate for layoffs? How can enterprises legally lay off employees?

Company layoffs It belongs to a legal dissolution between the two parties Labor contract But although Termination of labor contract It is legal to terminate the labor contract in advance, but after all, it will cause certain damage to workers, so the company is required to make corresponding compensation for the employees who have been laid off. How will the company compensate for layoffs? next, Nomogram A small editor will give you a detailed answer.

1、 How to compensate for layoffs

The People's Republic of China Labor Contract Law 》Article 40 (3) stipulates: "Labor Contract conclusion Significant changes have taken place in the objective conditions on which the labor contract can not be performed, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation. "

Article 46 of the Labor Contract Law of the People's Republic of China stipulates: "If the employer terminates the labor contract in accordance with Article 40 of this Law, the employer shall pay the employee Economic compensation 。”

Article 47 of the Labor Contract Law of the People's Republic of China stipulates that "economic compensation shall be paid one month for every full year according to the number of years the worker has worked in the unit wages To pay the laborer. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary. If the monthly salary of a worker is three times higher than the average monthly salary of the employees in the previous year published by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation paid to the worker shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to the worker shall not exceed 12 years. The term "monthly wage" as mentioned in this article refers to that the laborer is working rescission of a contract Or the average salary for the twelve months prior to termination. "

According to the above provisions, the calculation method of economic compensation for individual layoffs is the same as that for downsized personnel: one month's advance notice plus years of service multiplied by the average monthly salary, of which both the average monthly salary and years of service have upper limits.

2、 How to legally lay off employees

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 personnel reduction plan;

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.

I believe that after reading the above content, you should know how to compensate for layoffs. The layoff is calculated at this time damages It is necessary to combine the actual working years of employees in the company. Generally, if the working time is more than one year, the compensation for one month's salary should be paid. Of course, for the employees laid off by the company, the choice should be made in strict accordance with the conditions specified in the law.