The company is going to lay off staff before the Spring Festival. How to protect rights? What law should we apply? Thank you.

If an enterprise wants to lay off employees, it must notify employees in writing 30 days in advance, otherwise, in addition to the compensation mentioned in the regulations, the enterprise will pay employees an extra month's salary.

The provisions of labor law on economic compensation do not distinguish between probationary employees and regular employees, so even if they are dismissed during the probation period, they can get economic compensation. Its calculation method is also calculated in accordance with the provisions of Article 47 of the Labor Contract Law: if an employee works for more than six months but less than one year, the enterprise will pay the employee one month's salary as economic compensation according to one year; If it is less than six months, the enterprise will pay economic compensation for half a month's salary to the workers. If the enterprise does not inform the workers in writing one month in advance that they will be laid off, they will have to pay the workers an extra month's salary.

Article 46 of the Labor Contract Law, under any of the following circumstances, the employer shall pay economic compensation to the employee:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.