What are the procedures for layoffs?
1. What are the procedures for layoffs? Article 41 of the Labor Contract Law stipulates that "in any of the following circumstances, if it is necessary to reduce more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employing unit shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and report to the labor administrative department, and then it may reduce employees". Judging from the provisions of this clause, layoffs must follow the following procedures: (1) headcount requirements: the number of layoffs is more than 20 or less, and it accounts for more than 10% of the total number of employees in the enterprise before layoffs can begin. If the quantity is less than this, it will only be handled as the termination of the labor contract; (2) Explain in advance: The employer shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or all employees, and pay attention to explaining the situation to the trade union or all employees. The employer can choose; (3) Reporting procedure: The layoff plan shall be reported to the labor administrative department. Note that the law does not require the approval of the labor administrative department to lay off employees, as long as the reporting procedures are fulfilled. In this case, the company laid off 50 people, which met the number requirements. Notify the trade union 30 days in advance, get the consent of the trade union and report to the labor department, so the layoff procedure basically meets the requirements. 2. The "old, weak, sick and disabled" workers who cannot be laid off as stipulated in the Labor Contract Law shall not be laid off: (1) The workers exposed to occupational hazards did not undergo occupational health examination before leaving their posts, or the patients suspected of occupational diseases were during diagnosis or medical observation; (Illness) (2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work; (3) Being sick or injured at work within the prescribed medical treatment period; (Illness) (4) Female employees are in pregnancy, childbirth and lactation; (weak) (5) Having worked continuously in this unit for fifteen years and being less than five years from the legal age; (Old) If the employer cuts off the above-mentioned personnel without authorization, it will face the risk of illegal termination of the labor contract. Units should also pay attention when laying off employees, not all employees can lay off employees at will. The "Labor Contract Law" limits the scope of layoffs and clearly stipulates that some people cannot be laid off. In addition, laid-off workers should be compensated according to their actual length of service.