The employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary. Therefore, the company needs to notify the workers in writing 30 days in advance of layoffs.
In the case of layoffs, companies should usually inform employees in advance. This is to respect the rights and interests of employees and ensure that employees have enough time to prepare for coping and adjustment. Advance notice can help employees find new employment opportunities, attend training courses or seek other support. In addition, advance notice also helps to maintain the company's reputation and avoid possible legal disputes and negative effects. However, due to different national laws, contract terms or company policies, the specific notice period may be different. Therefore, the company should carefully study relevant laws and regulations and consult legal counsel before layoffs to ensure compliance with applicable laws and regulations.
When the company lays off employees, the first personnel to be retained include:
1. Concludes a long-term fixed-term labor contract with this unit;
2. Conclude an open-ended labor contract with this unit;
There are no other employees at home, and there are elderly people or minors who need to be supported.
Therefore, when the company lays off employees, it is necessary to give priority to these employees. In addition, if the company re-hires personnel within six months, it shall notify the retrenched personnel and give priority to the retrenched personnel under the same conditions.
Employees have the following right to know in the process of layoffs:
1. If the enterprise needs to lay off more than 20 employees, or if it is less than 20 employees, but it accounts for more than 10% of the total number of employees, the employer shall explain the situation to the trade union or all employees 30 days in advance. This means that employees have the right to know key information such as the company's layoff plan, reasons for layoffs and the number of layoffs.
2. In the process of layoffs, the laid-off employees should be given priority. This means that if the company needs to lay off employees, it should inform these employees first and give them enough time to think about it.
3. The laid-off employees have the priority to recall under the same conditions. This means that if the company recruits again within six months, the laid-off employees should be given priority under the same conditions.
4. Employees also have the right to know their economic compensation. Pay economic compensation to workers according to the standard of 1 year 1 month salary. If it is less than 1 year for more than 6 months, it shall be calculated as 1 year; Less than 6 months, pay economic compensation for half a month's salary. Employees have the right to know the amount and calculation method of their economic compensation.
5. Employees also have the right to know about the transfer of their file insurance relationship. After the termination of the labor contract, employees' files and social security relationships need to be transferred to other places, and employees have the right to know the details of these transfers.
To sum up: employees enjoy a wide range of right to know in the process of layoffs. Companies should fully respect employees' right to know and ensure that employees get enough information and notice.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 41
Companies should inform employees in advance to respect their rights and give them time to respond and adjust. This will not only help employees find new employment opportunities, attend training courses or seek other support, but also help maintain the company's reputation and avoid potential legal disputes and negative effects. Before layoffs, companies should carefully study relevant laws and regulations and consult legal advisers to ensure compliance.