1. Does the company need to file a large-scale layoff?
According to the relevant laws and regulations of our country, if an enterprise lays off more than 20 employees or less than 20 employees but accounts for more than 10% of the total number of employees, the layoff plan must be reported to the labor administrative department.
People's Republic of China (PRC) labor contract law
Article 41 Under any of the following circumstances, if it is necessary to reduce more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employing unit may reduce employees after explaining the situation to the trade union or all employees 30 days in advance and listening to the opinions of the trade union or employees.
(1) Conforming to the provisions of the Enterprise Bankruptcy Law;
(two) serious difficulties in production and operation;
(three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract;
(4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract.
When reducing personnel, priority should be given to retaining the following personnel:
(1) Concluding a long-term fixed-term labor contract with the unit;
(2) Concluding an open-ended labor contract with the unit;
(3) there are no other employees in the family, and there are elderly people or minors who need to support them.
If the employing unit reduces its staff in accordance with the provisions of the first paragraph of this article and recruits staff again within six months, it shall notify the retrenched staff and give priority to the retrenched staff under the same conditions.
Second, the time and steps of economic layoffs
Economic layoffs need to go through the following procedures:
1, explain the situation to the trade union or all employees 30 days in advance and provide production and operation information; Layoffs are neither employees' fault nor employees' own reasons. Layoffs will always have a negative impact on employees' lives to some extent. Therefore, we should listen to the opinions of trade unions or employees before layoffs.
2. According to the provisions of laws, administrative regulations and collective contracts, put forward the downsizing plan, including the downsizing list, the downsizing time and implementation steps, and the economic compensation measures for the downsizing; The employing unit shall not reduce the following personnel: those who suffer from occupational diseases or work-related injuries and are confirmed to have lost or partially lost their ability to work; Female employees during pregnancy, childbirth and lactation; Other circumstances stipulated by laws and administrative regulations.
3. Seek the opinions of the trade union or all employees on the staff reduction plan, and modify and improve the plan;
4, report to the local administrative department of labor and social security personnel reduction plan and the opinions of the trade union or all employees, and listen to the opinions of the administrative department of labor and social security;
5. The employing unit officially announces the plan for retrenchment, goes through the formalities for terminating the labor contract with the retrenched personnel, pays economic compensation to the retrenched personnel in accordance with relevant regulations, and issues a certificate of retrenchment.
The above knowledge is my answer to relevant legal questions. If an enterprise lays off more than 20 employees or less than 20 employees but accounts for more than 10% of the total number of employees, the layoff plan shall be reported to the labor administrative department.