How to dismiss employees when the company cannot continue to operate

1、 How to dismiss employees when the company cannot continue to operate

The procedure flow is as follows:

First, the employer should comply with relevant laws statute The employee shall be notified in writing more than 30 days in advance and the reasons for the expulsion shall be clearly stated.

Secondly, if you have the right to terminate the contract, you need to inform the trade union organization inside the enterprise of the reason first. Then, provide legal compensation to workers according to regulations to ensure that legitimate rights and interests are protected. On this basis, the enterprise has the obligation to issue Termination of labor contract And assist in handling personal files and social insurance Transfer procedures of the relationship. If the dismissed employee is not satisfied with the negotiation result, or fails to reach an agreement accepted by both parties, or has signed a mediation agreement but failed to perform on schedule, then they can apply to the industrial misconduct mediation organization;

If the mediation fails or the mediation agreement is still not fulfilled after it is reached, they can also choose to submit it to the local labor arbitration committee appeal 。

《 Labor Contract Law 》Article 36

The employer and the employee may terminate the labor contract if they reach consensus through consultation.

2、 Does the company have to pay compensation for dismissing employees

In the case that the Company chooses to dissolve due to difficulties in its operation, although no additional compensation is required to be paid to employees, it still has to pay economic compensation. This compensation is determined according to the length of service in the unit to which the employee belongs, that is, for every full year, an amount equal to one month's salary shall be paid as compensation. If the actual working time is more than half a year but less than a whole year, it can be regarded as a whole year; On the contrary, if you work for less than half a year, you can only get the economic compensation equivalent to half a month's salary.

Article 47 of the Labor Contract Law

The 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 monthly salary mentioned in this article refers to the employee's Labor contract Average salary of the twelve months prior to termination or termination.

Law is a universal constraint, which not only protects our rights and interests, but also regulates our behavior. Each of us should fully understand and understand the law in order to better protect our rights and better live in this society ruled by law. As the title of this article puts forward, "How to dissolve employees when the company cannot continue to operate", the study and understanding of law is a long-term task, which needs our constant efforts and exploration. We should cherish this process and regard it as an opportunity for self-improvement so as to better adapt to social development and change.