1, the most junior employees, their stay or absence will not have much impact on the company's prospects.
2. Employees with the lowest performance level, especially those whose performance cannot be directly proportional to their high salary.
3. Low-value employees (low-value human capital and low promotion potential) are also key considerations for layoffs.
4. People who often waste company resources for personal gain.
1. What does it mean that the company is merged?
It means that a company purchases all or part of the assets or property rights of another company, thus influencing and controlling the acquired company, so as to enhance the competitive advantage of the enterprise and realize the business objectives of the enterprise.
The levels of impact are:
1, changes in culture and management mode
Changes in the company will inevitably change the company culture and so on. At this time, it may be necessary to adapt to the new company culture and management model.
2. Management transformation
Leadership is the key to change the working mode of the company, so the acquisition company will inevitably let its own managers replace the employees of the acquisition company; As a subordinate, you should learn to get along with the new leader.
3. Changes in wages and benefits
In terms of salary and benefits, it also means change. There are two possibilities: one is that the existing salary and benefits will remain unchanged, and the other is that they will be implemented according to the new salary and benefits formulated by the acquiring company.
4. Changes in rules and operation modes
Great changes have taken place in the way of working. In the past, it may be required to be simple and clear, but now it may be required to be more detailed and specific, and the meeting time will be increased.
Second, what impact does the acquisition have on employees?
It may or may not be a good thing for a company to be established in a general acquisition. Employees may continue to work, or there may be layoffs. General welfare will be better. When the company is acquired, the benefits may be better than before, but it may also be layoffs.
(1) Company Staff Road:
1. Continue to work in the new company (the labor contract will not be compensated immediately).
2. Being laid off (compensation according to labor law, including length of service compensation).
(2) employees generally have some ideas:
1, continue to work (the labor contract will not be compensated immediately).
I don't want to do it (no compensation).
(3) The law stipulates that:
1. According to Article 33 of the Labor Contract Law, "the change of the name, legal representative, principal responsible person or investor of the employing unit will not affect the performance of the labor contract."
Article 34 As long as the new company continues to perform the labor contract, there will be no economic compensation. Only when the new company requests to re-sign the labor contract and recalculate the length of service can it request to terminate the labor contract and pay the corresponding economic compensation.
2. When the company is acquired, the original employees directly become employees of the new company. Generally speaking, the acquisition is legal. In case of layoffs, according to the law, employees must be paid compensation of N+ 1 according to their working years. If you lay off employees before the signing of the acquisition agreement, you have to pay the original company, and if you lay off employees after the signing, you have to pay the new company. Otherwise, you can go directly to labor arbitration. Basically, in this case, arbitration will support employees.
(4) No compensation:
1, signed a voluntary resignation agreement with the new and old companies before and after the merger.
2. No labor contract was signed before the merger or the contract has expired.
The resignation letter was submitted before the merger.
I don't want to work in the new company, and I don't want to sign a labor contract with it.
legal ground
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.