At present, many companies want to lay off some employees when they can't continue to operate at the beginning because of the imperfect management system, so as to save the company's operating costs. If the company wants to lay off employees, it also needs to follow the regulations. Will the layoffs be notified in advance? Let me introduce the relevant knowledge in detail for you. Welcome to reading.
1. Will layoffs be notified in advance?
The company needs to notify the layoffs one month in advance.
Article 4 1 of the Labor Contract Law stipulates as follows:
Under any of the following circumstances, if it is necessary to lay off 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 employer may lay off 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. Restructure in accordance with the provisions of the Enterprise Bankruptcy Law.
2. Serious difficulties in production and operation.
3, enterprise production, major technological innovation or management mode adjustment, after the change of the labor contract, still need to reduce staff.
4. Other major changes have taken place in the objective economic situation on which the labor contract was concluded, resulting in the inability to perform the labor contract.
Second, whether the company's layoffs are not notified in time is a breach of contract.
There are two situations in which enterprises reduce their staff: one is that they are on the verge of bankruptcy and are declared by the people's court to enter the legal rectification period; In another case, serious difficulties occur in production and operation, reaching the standards for layoffs of enterprises with serious difficulties stipulated by the local government. In addition, the reduction of employees in enterprises should also be carried out in strict accordance with the procedures stipulated by laws and relevant rules. Only when the enterprise meets the statutory conditions and strictly follows the statutory procedures can layoffs be legal, and it is effective to terminate the labor contract with employees through layoffs.
According to the law, if the company dismisses its employees, it will pay them economic compensation. No Double Indemnity.
The economic compensation shall be calculated according to the number of years the laborer has worked in this unit. One month's salary shall be paid as economic compensation for one year, one month's salary for more than half a year and half a month's salary for less than half a year. Based on the actual wages of the workers themselves.
The unit needs to notify 30 days in advance to terminate the labor contract. If there is no advance notice, it needs to pay another month's salary as a payment in lieu of notice.
Third, under what circumstances can a company legally lay off employees?
1. According to the provisions of Article 41 of the Labor Contract Law, in any of the following circumstances, if it is necessary to lay off 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 employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, it may report the reduction plan to the labor administrative department:
(1) Restructure in accordance with the provisions of the Enterprise Bankruptcy Law;
(two) serious difficulties in production and operation;
(three) due to changes in production, major technological innovation or adjustment of business mode, it is still necessary to reduce the number of employees after changing the labor contract;
(4) Other major changes have taken place in the objective economic conditions on which the labor contract was concluded, resulting in the inability to perform the labor contract.
2. When laying off employees, the following employees should be given priority:
(1) enter into a long-term fixed-term labor contract with this unit;
(2) Concluding an open-ended labor contract;
(3) there are no other employees in the family, and there are elderly people or minors who need to support them.
About "Will layoffs be notified in advance?" That's all I've introduced to you. . Need to lay off more than 20 people or less than 20 people, but accounting for more than 10% of the total number of employees in the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance.