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Generally, it is the survival of the fittest, which is almost the same meaning.
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1. Personnel optimization is based on the company's system, and employees with poor discharge ability who do not meet the expected requirements are dismissed employees, and different amounts of compensation are paid according to the different nature of the dismissed employees.
2. The layoff of the enterprise is to terminate the labor relationship with the employee in accordance with the provisions of the "Labor Contract Law" to achieve the purpose of reducing costs and rectifying the company. Employee financial compensation needs to be paid.
3. Legal basis: Labor Contract Law
Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of 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 the employees, it may reduce the number of personnel after reporting to the labor administrative department:
1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;
2) Serious difficulties occur in production and operation;
3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;
4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.
When reducing personnel, priority shall be given to retaining the following personnel:
1) Entering into a fixed-term labor contract with the unit for a longer period of time;
2) Entering into an indefinite labor contract with the unit;
3) There are no other employed persons in the family, and there are elderly or minors who need to be supported.
Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
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Layoffs are a very serious topic, and if a company is ready to lay off employees, it needs to apply to the labor department to give reasonable advice, and there are legal procedures to go. This is not a formal layoff, but an external export with personnel optimization.
Personnel optimization = elimination of the last position + negotiation and dismissal = efficiency increase (not downsizing and efficiency increase) Layoffs.
Personnel optimization can be used in different stages of development in the development process of the company, such as:
Business growth period: Personnel optimization at this stage = elimination of the last position. The company's business growth, although it is still continuing to introduce talents, but for employees with poor performance, the elimination of the last position can maintain or enhance the team's combat effectiveness
Randomness, surprise, and fast processing.
Business stability period: Personnel optimization in this stage = elimination of the last position. The purpose is similar to the growth period, which is to maintain or improve the team's combat effectiveness.
The optimization characteristics of this stage are cyclical, such as at the beginning of each year; and strictly follow the performance appraisal results. At this stage, HR will be very professional when dealing with the elimination of the last place.
Business adjustment period: Personnel optimization at this stage = elimination of the last position + negotiation and termination. In order to develop new business, there are two types of people who need to leave, employees with poor performance, and employees whose ability and quality cannot meet the future business development.
Business downhill period: Personnel optimization at this stage = elimination of the last position + negotiation and termination, with the purpose of reducing the company's labor cost and improving organizational efficiency. It is usually accompanied by large-scale negotiated termination, such as a 30% reduction in employees, but in first-tier cities, most companies will not deal with layoffs, but negotiate with employees to terminate the labor agreement, of course, the N+1 compensation company is to pay.
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Hello, as you mentioned, in order to dismiss employees, the employer said that it was to optimize personnel, but in fact, it meant dismissal.
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In the absolute take of many units, optimization is the meaning of expulsion. There is no direct indication of the unit lifting.
Legal basis: Article 40 of the Labor Contract Law of the People's Republic of China: Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective circumstances on which the labor contract was concluded, and the agreement makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
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Lawyer Analysis: Optimization is dismissal. Talent structure optimization refers to starting from the strategic development goals and tasks of the organization, understanding and grasping the law of change in the structure of the talent group, establishing a more ideal talent group structure, giving better play to the role of the talent group, and forming the best combination of various relevant factors in the talent group, or in other words, adjusting the irrationality and imbalance of the organization and cooperation mode of the group elements and the system, so as to improve the overall function of the group.
Legal basis: Labor Contract Law of the People's Republic of China Article 47 Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the worker's service in the unit. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary as economic compensation.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of payment of economic compensation to the employee shall be three times the average monthly wage of the employee, and the maximum number of years of economic compensation paid to the employee shall not exceed 12 years.
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