1. How long notice should the company give for layoffs?
1. Layoffs need to be notified one month in advance. According to the relevant laws and regulations, if it is really 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 explain the situation to the trade union or all employees 30 days in advance and listen to the opinions of the trade union or employees before laying off employees.
2. Legal basis: Article 41 of People's Republic of China (PRC) Labor Contract Law.
Under any of the following circumstances, 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 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 and reporting to the labor administrative department, it may reduce 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.
2. What are the circumstances of early termination of the contract?
The circumstances of early termination of the contract are as follows:
(1) Anticipated breach of contract, that is, before the expiration of the performance period of the contract, one party clearly indicated or indicated by his own behavior that he would not perform the contract;
(2) Non-performance, that is, non-performance at all, refers to the breach of contract in which the parties do not perform any contractual obligations at all. From the reasons of non-performance, it may be that the parties have the ability to perform but refuse to perform, or they may not be able to perform their debts;
(3) Delay in performance, that is, failure to perform the debt after the expiration of the contract. Including debtor's delay in performance and creditor's delay in performance;
(4) improper performance, although there is performance, but the performance quality does not meet the contract or legal provisions of the breach of contract.