The company s economic layoffs are illegal and do not sign, can the company unilaterally dissolve th

1. For non-fault dismissal, one month's written notice is required, or one month's salary is paid;

2. It is necessary to pay severance for the termination of the labor contract.

The company's economic layoffs and employees were not allowed to go to work without signing, which is illegal. China's relevant laws have clear legal provisions and procedures for company layoffs, and it is obviously illegal to lay off employees simply because they do not sign.

Legal basis: Article 41 of the Labor Contract Law.

In any of the following circumstances, if it is necessary to lay off 20 or more employees, or to lay off more than 20 employees but accounting for more than 10% 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 employees, the personnel reduction plan may be reduced 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 the following personnel: regimental management.

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.

1. What will happen if the company's economic layoffs do not sign?

For employees who do not sign the "Notice of Dismissal" and other documents, in fact, as long as they can prove that they have been served, they can make audio and video recordings and find employee representatives to witness that they have been served, or EMS can directly mail to the employee's address in the company, and the receipt can be used as evidence that it has been served, and it is written on it that the notice of dismissal to be sent is written.

After the employer makes a penalty decision against the employee, it shall notify the employee of the penalty decision. If it is not served on the employee, the penalty has no legal effect on him/her. However, in practice, the General Office of the Ministry of Labor refers to the relevant service procedures of the General Office of the Ministry of Labor on notifying employees to return to their units through the news media and dealing with the issue of voluntary resignation or absenteeism if they do not return within the time limit. If the person is not there, hand it over to his adult relatives living with him for receipt.

If it is difficult to deliver directly, it can be delivered by mail, and the date of receipt indicated on the ** inquiry receipt shall be the date of delivery. Only when the whereabouts of the employee to be served are unknown, or if the service cannot be made by the above-mentioned means of service, can the service be announced, that is, by posting an announcement or notifying through the news media. After 30 days from the date of issuance, it shall be deemed to have been served.

2. Do I have to pay individual income tax for dismissal compensation?

The part of the compensation within 3 times the average salary of the local employee in the previous year is not subject to individual income tax, and the part exceeding 3 times is subject to individual income tax.

The specific calculation method is as follows: the one-time economic compensation income obtained by the individual is divided by the number of years of work of the individual in the enterprise, and the quotient is used as the monthly salary and salary income of the individual, and the individual income tax is calculated and paid in accordance with the provisions of the tax law. The number of years of working experience of an individual in the enterprise shall be calculated according to the actual number of years of working experience of the bucket limb, and the number of years exceeding 12 years shall be calculated according to 12.

The actual operation issues are subject to the judgment of the in-charge tax authorities.

3. Circumstances in which layoffs are not permitted.

Since the layoff is caused by the employer and the employee is not at fault, the employee cannot be laid off if he meets one of the following four conditions:

1. Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work;

2. Illness or injury, within the prescribed medical treatment period;

3) Female employees are pregnant, giving birth, or breastfeeding;

4) Other circumstances provided for by laws and administrative regulations.

On December 31, 2014, the Legislative Affairs Office of the People's Republic of China announced the Provisions on the Reduction of Personnel in Enterprises (Draft for Comments). The draft clearly prohibits layoffs in six categories, including pregnant female employees and employees suffering from occupational diseases in their employers.

Compared with the four categories of situations that prohibit layoffs in the 1994 Provisions on Economic Layoffs in Enterprises, the scope of the prohibition on layoffs in this draft has been expanded to six categories.

Legal Analysis: Not Legal. You can't sign a resignation application, and there is no unemployment benefit after signing it.

Employers should note that when this condition applies, it is not possible to immediately lay off employees in the event of a change of production, major technological innovation or adjustment of business mode, but must first change the employment contract with the employee, and after the change of the employment contract, the employee can only be laid off. If the employee is laid off without changing the labor contract, it is also an illegal termination of the contract, and the legal responsibility for the illegal termination of the contract must be borne by the suspicion.

Legal basis: Article 41 of the Labor Contract Law of the People's Republic of China In any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees but account for more than 10% 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 employees, the personnel reduction plan may be reduced 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 changes production, major technological innovation or adjustment of business mode, and after the labor contract is changed, it still needs to lay off personnel, and (4) other major changes in the objective economic situation on the basis of which the labor contract is concluded, resulting in the inability to perform the labor contract.