The compensation of the enterprise for layoffs to workers, and how to compensate for layoffs

The company's practices are illegal.

The online Graduate Employment Agreement is a special type of employment offering, which is only for university graduates, but is different from the employment contract. The employment agreement does not contain the terms that an employment contract should have, and there is no agreement on the position, place of work, treatment, and working period, so it cannot be regarded as an employment contract.

The company said that providing six-month training was actually a disguised use of labor, an act of circumventing the law, and was invalid. Although you have not signed a labor contract with the company, but have established a de facto labor relationship with the company, the company's practice of not signing a labor contract with you within six months is illegal, according to the provisions of the labor contract law, the company shall sign a written labor contract with the employee within one month from the date of employment, otherwise you need to pay double wages from the second month.

Is an internship period equivalent to a probationary period? It can't be equated. According to the Labor Contract Law, only a six-month probationary period can be set for an employment contract with a term of more than three years.

Now that the company has not signed an employment contract with you, it is impossible to determine the duration of your employment contract, and it is impossible to determine how long your probationary period should be. In my opinion, after five months of service, you should be a regular employee, and the company has no right to dismiss you. Even if you are to be dismissed, you will need to be given one month's notice or be obliged to pay an additional month's salary, and then pay you financial compensation.

According to you, the advice given to you by the individual is as follows:

1. The company can be required to pay double wages. If you have worked for 5 months, you can ask the company to pay you an additional 4 months' salary.

2. Require the company to pay an additional month's salary.

3. The company is required to give economic compensation, which is half a month's salary.

In total, you will receive a monthly salary.

This matter may need to be resolved by arbitration, so please be prepared.

This is illegal, the termination of the probationary period requires three days' notice, and the probationary period is part of the employment contract, there should be various insurances, and you can apply for labor arbitration.

1.The employment agreement is not equivalent to the legal effect of the employment contract, but it is absolutely illegal for the company to do so;

2.The probationary period is also part of the employment contract period, and if you have a de facto employment contract relationship with the company (you can use the monthly salary slip or attendance record sheet as evidence of facts), the company must provide you with compensation; You can go to the labor department to apply for labor arbitration;

3.There are three points in which the company violated the employment contract: 1

If the labor contract is less than one year, the probationary period shall not exceed one month, and if the labor contract is more than one year but less than three years, the probationary period shall not exceed three months, and only the probationary period of the labor contract shall not exceed six months if the labor contract exceeds three years or the labor contract without a fixed labor contract is signed; 2.Employers must give 30 days' notice of layoffs; 3.An extra month's salary must be paid as compensation.

Legal analysis: 1. According to the number of years of service, one month's salary will be given for one year, less than one year will be counted as one year, and half a month's salary will be given for less than half a year, and the standard is the average salary of the first 12 months, including bonus allowances and subsidies. 2 If 30 days are not in advance, one month's salary will be given as a notification to Jindongbu, and the standard is the salary due for the previous month.

The year-end bonus depends on how it is agreed in the contract, and if there is no agreement, it can only be resolved through negotiation. In addition, it depends on whether there are regulations on the year-end bonus in the local area, for example, we stipulate here that the year-end bonus should be paid according to the actual working hours in the unit.

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 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 shall be 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 the enterprise has changed its production, major technological innovation, or adjustment of the way of incorporation and spike camping; (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 laying off personnel, priority shall be given to retaining the following personnel: (1) those who have entered into a fixed-term labor contract with the unit for a longer period; (2) Entering into an indefinite labor contract with the unit; (3) There are no other employed persons in the family, and the family refers to the 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.

In the case of business difficulties, in order to save employment costs, an enterprise can carry out layoffs, but before layoffs, it is necessary to explain the situation to all employees and submit the layoff plan to the labor administrative department before layoffs, so how to compensate the enterprise for layoffs? I have compiled the relevant knowledge, I hope it will be helpful to you.

1. How to compensate for layoffs

If an enterprise lays off employees, the laid-off employee shall be paid one month's salary as economic compensation for each full year of service, and if he has worked for more than 6 months and has been productive for one year, he shall be counted as one year, and if he has worked for less than one month, he shall be paid half a month's salary.

Labor Contract Law of the People's Republic of China

Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the worker according to the number of years he has worked in the unit and the standard of 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 of tease; 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.

2. What is the specific process of the company's layoffs?

1) Explain the situation to the trade union or all employees 30 days in advance, and provide information on the production and operation status.

The layoffs are neither the fault of the employees nor the reasons of the employees themselves, and the layoffs will always have a negative effect on the employees' lives and other aspects to a certain extent.

2) Propose a plan for reducing personnel.

The specific elements of the downsizing programme should include:

1. The list of retrenched personnel, the time of retrenchment and the implementation steps, in accordance with the provisions of laws, administrative regulations and the economic compensation measures for retrenched personnel agreed in the collective contract;

2. The employer shall not lay off the following personnel:

1) Suffering from an occupational disease or work-related injury and being confirmed to have lost or partially lost the ability to work;

2) Female employees are pregnant, giving birth, or breastfeeding; Other circumstances provided for by laws and administrative regulations.

3) Solicit the opinions of the trade union or all employees on the personnel reduction plan, and revise and improve the plan;

4) Report to the local labor and social security administrative department on the personnel reduction plan and the opinions of the trade union or all employees, and listen to the opinions of the labor and social security administrative department;

5) The employer shall formally announce the layoff plan, go through the formalities for terminating the labor contract with the laid-off personnel, pay severance to the laid-off personnel in accordance with relevant regulations, and issue a certificate of layoffs.

From the above analysis, it is known that according to the provisions of the Labor Contract Law, when the company carries out economic layoffs, it shall pay the employee 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.

Employees who have been laid off can claim financial compensation. According to the provisions of Chinese law, when an employer lays off employees due to bankruptcy reorganization, production and operation difficulties, enterprise conversion or major technological innovation, it shall pay economic compensation to the employee.

Legal basis] Article 46 of the Labor Contract Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law. Ashwagand.