What should I do if I encounter a layoff?

First of all, you should see what caused you to lay off employees and think about the reasons. If there is no way to recover, then think more about how to protect your legal rights and interests, and take the compensation that should be taken. Then he walked away decisively.

If you are laid off, you should reflect on it, and you should correct it.

If you are laying off employees yourself, you should take a good look at those people, which will be good for the future development of your career.

Accept reality; make up for deficiencies; Set sail again. Note that in the gap before starting the next period of work, you need to find something to do, and you may become emotionally addicted to doing nothing for a long time.

If you are good enough, then it doesn't matter if you encounter it, it may be that God wants to give you a better path; If you're not good enough, then work hard to improve yourself and one day you can prove that you can!

Try your best not to be laid off, if you work hard, but in the end you are still among the layoffs, remember: there is no way out of doubt, and the willows and flowers are bright and another village.

。。Strive for it, if you can't do it, give yourself a vacation to travel.

Go with the flow, it's a big deal to keep looking for a job.

If I encounter a layoff, I will leave decisively.

Find another good one, or start your own business.

Unless you're the boss! Otherwise, leave it to fate.

Put your mind on balance, and then look for it.

Face yourself up and find your own shortcomings.

What else can I do to find a job?

I don't know, I haven't encountered it yet.

Legal analysis: Under the provisions of China's labor law, companies can carry out layoffs in accordance with the law. However, it also stipulates the procedures and compensation standards for redundancy.

Legal basis:1Article 41 of the Labor Law of the People's Republic of China stipulates:

Due to the needs of production and operation, the employer may, after consultation with the trade union and employee representatives, carry out layoffs in accordance with the provisions of this Law. Employees who have been laid off are entitled to economic compensation in accordance with the provisions of this Law. ”

2.Article 44 of the Labor Contract Law of the People's Republic of China stipulates that: "An employer shall pay economic compensation to an employee in accordance with the law under any of the following circumstances:

1) It is necessary to lay off personnel due to serious difficulties in the operation of the enterprise; (2) Where it is necessary to lay off personnel due to changes in business methods, adjustment of industrial structure, etc.; (3) Where it is necessary to lay off personnel due to reasons such as enterprise restructuring, merger, or division. ”

3.Article 33 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that "an employer shall explain to the trade union and employee representatives in the form of layoffs, and listen to their opinions. Where opinions are not heard, economic compensation shall be paid. ”

The above legal basis indicates that the company needs to negotiate and listen to the opinions of the union and employee representatives in the event of layoffs, and should pay economic compensation. Employees who have been made redundant are also entitled to financial compensation.

In short, when encountering layoffs in the company, it is necessary to understand the relevant laws and regulations and protect their rights and interests in accordance with the law.

If you are fired by the company for no reason, there are two main options for rights protection. The first is to accept the fact that he was dismissed by the company, and then collect relevant evidence in order to make further claims against the company. Second, the company is required to continue to perform the labor contract, restore the relationship between the two parties, and pay back wages according to the original wage standard.

The first way to protect rights is suitable for employees who have been in the company for a long time, and the second way to protect rights is suitable for employees who have not worked in the company for a long time.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.

If the company terminates the employment contract without cause, it is illegal. If you can't reach an agreement, you can apply for labor state arbitration. The specific request for arbitration includes the following aspects:

Clause. 1. If the company does not pay social security, it can request to pay Qingxun social security.

Clause. 2. If the company has not signed the contract, it is also illegal, and the company can be required to pay double the salary without signing a written labor contract.

Clause. 3. If the company terminates the labor contract in violation of the law and has to bear the compensation, the standard of compensation shall be twice the economic compensation.

Clause. 4. If you have worked in the company for one year, the company will also pay unemployment insurance money.

Clause. 5. If the company has overtime work, it must pay overtime wages and additional compensation according to the statutory standards.

Clause. 6. If the company deducts wages, it shall also pay wages in full and pay additional compensation.

How to collect evidence and operate, it is recommended to go to the law firm and our lawyer will provide you with legal help. For further inquiries, please feel free to contact me.

The dismissal of an employee by an employer is essentially one of the circumstances under which an employment contract is terminated. Termination of a labor contract refers to a legal act that causes one or both parties to the labor contract to terminate the labor relationship in advance due to some reason after the labor contract is concluded but before it is fully performed. Since the termination of an employment contract is a matter of great importance, the Labor Law has made strict provisions on its conditions and procedures, and employers must comply with strict legal conditions and legal procedures when dismissing an employee.

1. Enterprises can lay off personnel in two situations:

1. One situation is that it is on the verge of bankruptcy and has been declared by the people's court to enter the statutory rectification period;

2. Another situation is that serious difficulties occur in production and operation, and meet the standards of enterprises with serious difficulties stipulated by the local government.

2. 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 not competent for the job, and after training or job adjustment, he is still incompetent for the job;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making 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.

3. In any of the following circumstances, after listening to the opinions of the trade union or the workers, the personnel may be reduced after the personnel reduction plan is reported 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.

Legal basis

Labor Contract Law of the People's Republic of China

Article 47.

Severance shall be paid to the worker according to the number of years of service in the employer 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 an employee in the previous year as 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 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.