Layoff question 100, the situation in which layoffs cannot be made

1. The key is to see how many months you enter the probationary period in 06, if the time is too long, it is a little difficult to recover the previous ones. And social security is to ask the unit to go to the social security bureau to do it, you can't say that you will be fine if you give you money. If you want to lay off employees in the next two months, then you can not only ask them to pay back the pension contract, but also pay back the social security stipulated by other countries.

It's better to find the social security bureau, check them, if your social security bureau is responsible, together with the few that gave you pension insurance money, you can make up the payment, and if it is severe, you can also fine them, hehe.

2. It is the responsibility of the unit to not receive unemployment benefits, and it has the right to seek compensation from them.

3. According to Article 46 of the Labor Contract Law, one month's salary will be compensated for one year (the internship period is not counted), half a month's salary compensation will be counted for less than half a year, and one year will be counted for more than half a year and less than one year.

4. It depends on the system of the unit.

If they don't pay you insurance, you can fire the unit on this ground, and you can also get the compensation under Article 3.

2) If it is necessary to lay off 20 or more employees or less than 20 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 employer may reduce the number of employees after reporting to the labor administrative department.

3) If you are a woman and you are pregnant, they cannot lay you.

4) From January 1, 2008, you have to sign a labor contract, if they haven't signed a labor contract with you for a few months in 08, haha, you can ask them to compensate for an extra double salary every month, that is, if they haven't signed it for 3 months, you can let them make up for another 3 months' salary, but if they sign the contract later to make up for the previous employment time, they can't ask for this compensation.

5) Seeing that your unit is very irregular, it is estimated that there are many violations, such as overtime pay, which can be rectified. The key is to get the evidence in hand, but some evidence, such as attendance, is the responsibility of the unit to present evidence. In short, the first thing to do is to keep the evidence that you can get your hands on.

You can complain to the local labor inspection brigade or labor and social security department, consult them (don't say which unit you belong to, just say the fact of being violated), and let them give you ideas and assert your rights according to the local situation, but whether you can win or not, whether the win is smooth, depends on the evidence you collect and whether the local labor department and social security bureau really protect the workers. If they don't help you, you can sue the court. If you want to protect yourself, you must be familiar with the "Labor Contract Law", children, and studying the "Labor Contract Law" issued by the state is very useful for your future career path.

1. Regarding the arrears of pension insurance premiums for more than one year, you can complain to the local labor inspection brigade, and they will help you solve it; or apply directly to the Labor Arbitration Commission for arbitration. However, this part of the fee is paid to the social security department, and it cannot be paid to you in the end.

2. Endowment insurance and unemployment insurance are two types of insurance, and there are fixed conditions for receiving unemployment benefits, according to the "Unemployment Insurance Regulations", the conditions for receiving unemployment insurance are: (1) participating in unemployment insurance in accordance with the regulations, and the unit and the person have fulfilled the obligation to pay for one year in accordance with the regulations; (2) Interruption of employment not due to the person's will; (3) Those who have been registered as unemployed and have requirements for job seeking. As long as you meet several of the above conditions, you can receive unemployment benefits.

3. If the employer dismisses you, it shall give you economic compensation according to your working years. For each full year, one month's salary shall be paid as severance payment, and if it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

4. The business trip reimbursement should be carried out in accordance with the internal financial system of the unit, and if there is a provision for reimbursement, it should be reimbursed.

You can apply to the labor arbitration commission where your employer is located to resolve the above issues by applying for arbitration.

Your demands are reasonable and should be supported. However, if you do not ask the unit to make up the previous pension insurance as soon as possible, and wait for the dismissal to raise it, the possibility is more difficult to solve.

You can go to the Labour Inspection Brigade to report it, but beware of being dismissed for it. It's best for everyone to write a joint report letter, it's impossible to fire them all.

1. The unit pays the pension fee;

2. Pension insurance has nothing to do with receiving unemployment benefits;

3. Economic compensation should be given, especially for the 08-year part of the contract that has not been signed, double the salary can be claimed;

4. Yes. 5. The main thing is your salary and insurance benefits.

If the employer does not give it, it can apply for labor arbitration.

There are both numbers and percentages, which are 20 or more than 10% of the total number.

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) The labor contract cannot be performed due to a major change in the objective economic situation on which the labor contract was concluded.

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, there are elderly people who need to be supported, or minors who are also trembling.

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.

Legal analysis: 1. Female employees are still in the third period. 2. The employee is sick or non-orange pants are injured due to work, and they are still within the prescribed medical treatment period.

3. The employee has worked in the unit for more than 15 consecutive years, and at the same time, he or she is less than 5 years away from the statutory retirement age. 4. The employee suffers from an occupational disease or a work-related injury in the unit, and at the same time is confirmed to have lost or partially lost the ability to work.

Legal basis: Article 42 of the Labor Contract Law of the People's Republic of China An employer shall not lay off an employee under any of the following circumstances:

1) Workers engaged in operations that are exposed to occupational disease hazards have not undergone a pre-departure occupational health examination, or suspected occupational disease patients are during the period of diagnosis or medical observation, (2) they suffer from Qingmin's occupational disease or are injured on the job and are confirmed to have lost or partially lost their ability to work in the unit, (3) they are sick or injured not due to work, and they are within the prescribed medical treatment period, (4) female employees are pregnant, giving birth, or breastfeeding, and (5) they have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement ageor other circumstances provided for by administrative regulations.

In addition to the above personnel shall not be laid off, in accordance with the provisions of the Labor Contract Law, the following personnel shall be given priority in retaining when layoffs:

1) Those who have entered into a fixed-term labor contract with the unit for a longer period of time, (2) Those who have signed an indefinite-term labor contract with the unit (3) Those who have no other employed persons in the family, and the elderly or minors who need to be supported.

1) A written notice of termination of the labor contract shall be prepared and served on the employee, and the notice of termination of the labor contract shall state the facts, reasons and basis for the termination of the labor contract by the employer. (2) The labor union shall be notified of the reasons for the termination of the labor contract in advance. (3) Issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and go through the formalities for the transfer of files and social insurance relations for the employee within 15 days.

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 less 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) Where an enterprise changes production, makes a major technological innovation, or adjusts its mode of operation, and after changing the labor contract, it still makes a blank judgment that it is necessary to lay off personnel; (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.

Enterprises are generally very cautious in dealing with layoffs, first of all, there must be a good reason for layoffs, and if they are not handled well, it is easy to have a negative impact on the company. When determining the list of redundant employees, it must be systematic, fair and wise, and only those who must be laid off will be allowed to leave their posts; The announcement of layoff information must be controlled at a good time and time; In terms of announcing the form of layoffs, it is generally better to take care of the emotions of the other party, and it is generally better to announce it by the daily immediate boss.

Why deal with referees?

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 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

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

3) Illness or non-work-related injury, within the prescribed medical treatment period;

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

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

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

Article 43 Where an employer unilaterally terminates a labor contract, it shall notify the labor union of the reasons in advance. If an employer violates the provisions of laws, administrative regulations or the provisions of the labor contract, the trade union has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the outcome.

Once there is rumor of layoffs, you need to respond aggressively early. In particular, we should have an understanding of this matter ideologically, have an objective understanding and evaluation of ourselves for this position, and analyze how likely it is that we will stay. If I have a 50% chance of leaving, then what else do I have to do for the sake of the other half's possibility?

There is not the same endurance with mental preparation and without mental preparation. When you think about it, you will work on the 50 that may be left or find another way out, and the anxiety and panic of passively waiting for layoffs will be reduced. Seek adoption.