How Many Layoffs Do We Know?

In recent days, there has been a significant progress in the 6 cool down job.

May 25th morning, original Cool 6 nets Sale Vice President Ceng Xingye and nearly 40 Beijing employees were once again rushed to Haidian District Labor Bureau Labor and personnel dispute arbitration court, in the name of the collective officially submitted a complaint against violent layoffs.

The complaint made a written statement on the 18 day's layoffs, pointing out that the act of "violent thunder and violent layoffs" can be described as "no communication, no writing, no explanation". As a laborer, employees' "legal and economic rights and interests are not guaranteed" and "personality is not respected." The complaint reiterated the three requests for apology, punishment, and rehabilitation in the 22 day press conference statement, and requested relevant departments to supervise the "illegal and unreasonable layoffs", and ordered them to be corrected and punished.

On the same day, Haidian District Labor Bureau Labor and personnel dispute arbitration court accepted complaints, and immediately organized investigation and evidence collection. At 0:00 on the same day 45 points, Beijing Haidian District human resources and Social Security Bureau ruled in accordance with this Law: according to the twenty-ninth labor law and labor contract law forty-first, identified Cool 6 network "5 18 layoffs" illegal behavior, confirmed that the layoffs were invalid, ordered Cool 6 network before May 30th deadline rectification.

Cool 6 layoffs were identified as illegal layoffs. What should we do in the face of these situations?

Face Layoffs We must soberly realize that we must learn to protect ourselves by using legal weapons.

First of all, we need to know which kinds of situations can not be laid off.

In accordance with the relevant provisions of the labor contract law, the employer shall not reduce the number of workers under any of the following circumstances:

(1) engage in contacts Occupation Workers who have been injured in the disease do not carry out occupational health examination before leaving work, or suspected patients with occupational diseases are diagnosed or observed during medical observation.

(two) occupational diseases or injuries caused by work injuries in the unit are recognized and lost or partially disabled.

(three) in case of illness or non occupational injury, during the prescribed medical period;

(four) female workers during pregnancy, childbirth, and lactation;

(five) it has been working for fifteen consecutive years in the unit and less than five years from the statutory retirement age.

(six) other circumstances stipulated by law or administrative law. That is to say, workers who are not in the above six situations can be listed on the list of layoffs.

Who should be given priority in layoffs?

According to the relevant provisions of the labor contract law, when reducing personnel, priority should be given to the following labourers: (1) to conclude a longer term fixed term labor contract with their units; (two) to conclude an unfixed term labor contract; (three) there is no other employment in the family, and the elderly or minors who need to be raised. It is worth mentioning that the employing units should re employ personnel within six months, and they should be notified of the reduction of personnel and give priority to those who are laid off under the same conditions.

Case study:

Case 1

After working for over a year in an intermediary company in Fuzhou, this year, the company did social security and medical insurance for Mr. Chen, but refused to hand over the relevant documents to Mr. Chen.

Miss Li, who works in a foreign trade company in Fuzhou, has encountered similar problems. She said the company has no intention of issuing social security medicine. She said she resigned this year and the company withdrew her year-end bonus in 2005, otherwise the company would not give her social security and medical insurance documents. "No way, I have to hand it in." She said that in the past 3 years, the social security and medical insurance she handed in herself was much more than the year-end bonus.

Analysis: the employees' social security and medical insurance related documents should be held by the employees themselves, and the workers should not be held privately. The private property of the metal employees who have been issued to the employees can not be used to threaten employees to return the bonus already issued. In this regard, employees can apply for labor in accordance with the law.

Case 2

Ms. Zhang of Fuzhou said that she worked in a privately contracted educational printing factory for more than a year, and the factory agreed with her on oral probation and salary, and no social insurance. Last month, a colleague in the factory asked for a maternity leave, but the contractor said no contract was signed.

Analysis: labor relations, the employment side has the obligation to handle social security and medical insurance for employees in accordance with the requirements of the law. During the period of maternity leave, the employing party has the obligation to pay wages and reimburse the childbearing expenses and pay maternity allowances. Employees can complain to the labor and social security department or apply for labor arbitration directly. {page_break}

Sometimes, layoffs are not terrible. Disguised layoffs are even more terrible.

1. cancel some of the welfare and flexible working systems that are customary and free.

After the abolition of free lunch benefits last year, a IT company began to discuss whether flexible work system should be continued at the beginning of this year. Employees want to keep their jobs, so they do not need to provide extra benefits at this time. But some families who need to take care of their families have to take the initiative to "self discipline".

2. to improve performance appraisal standards, employees can not get through.

A securities company has recently set up a new performance appraisal standard. Employees whose wages can not reach the target can only get a fixed part of the salary; and a part of the customer managers are not qualified as brokers. According to the standards issued by the SFC, some people will not be able to continue to engage in this industry.

3. be liable to fine and record.

A company asks a special supervisor to supervise staff, check the posts at any time, sit down, chat, leave the computer and other behaviors, and impose a fine of 200 yuan. Some employees were fined 500 yuan for being two minutes late for 5 minutes.

4. the contract is not yet expired, and then sign the new contract.

The contract of the Nanjing Machinery Co., Ltd. of the company has to expire by September 2009, but in January, he and two other vice presidents received the notice from the Ministry of human resources, demanding that they and the company sign a "non fixed term" contract.

Kang was happy at first. After getting the contract text, they found that the text stipulates that "Party B must promise not to disclose or use confidential information belonging to Party A during its term of office or at any time thereafter". The Jiangsu labor contract Ordinance stipulates that the longest period of competition is 3 years, while the labor contract law stipulates that it will last for only two years. However, the contract requires "lifelong" restrictions, and the company will give employees compensation within a month of competition.

Layoffs are indeed terrible, not what we would like to see, but we also understand that layoffs are the survival measures for enterprises to face the market. As long as they are in line with the procedures, we can not accept that after all, there will be some economic compensation for layoffs, and unemployment insurance can also be applied for. But merciless facts tell us that disguised layoffs are even more scary than layoffs. Because disguised layoffs are enterprises who want to abolish employees, use various reasons and means to force employees to quit voluntarily, but they will not bear the burden of related responsibilities and pay compensation for employees.

Workers are not silent lambs.

Forcing people to leave by means of various tricks is not only afraid of people, but also unacceptable to a civilized society ruled by law. In response to the above mentioned layoffs in the disguise of workers, He Chu, a famous labor law expert, said that the labourer is not a silent lamb. He can take legal weapons to protect himself.

1. "long term unpaid leave" is in violation of the Provisional Regulations on wage payment. If it is not for employees' leave, the enterprise will give the employee the original salary on the first month of the vacation. Second months to pay basic living expenses for employees, this area will be different in different areas, Shanghai is the city's minimum wage standard, Beijing is the minimum wage standard 70%.

If the company fails to pay the employee's remuneration according to the regulations, the employee can rescind the labor contract and pay the economic compensation.

2. the company's "unpaid education and training, free occupation of staff time, such as military training, exercise, early meeting......" In this case, enterprises should pay overtime for employees according to their time. If an enterprise does not pay overtime, it can first report to the labor supervision team, and the supervisory department will correct the wrong practices of the enterprise.

3. it is against the law to dismiss employees on any performance regardless of their performance. According to the first item of the thirty-ninth clause of the labor contract law, there must be evidence to prove that the employee does not meet the employment requirements during the probation period. If the enterprise fails to give evidence, the employee can apply for arbitration to the local labor department. The result is two: (1) resume labor relations; (2) double pay the employees' economic compensation.

4. "the transfer of employees from their original work environment" also depends on the contract of work place and position signed in the labor contract. If the enterprise wants to change, it needs to consult with employees. If the negotiation is not consistent and the employee is unwilling to go, it will be in line with the fact that "the signing of a labor contract is a major change in the objective situation, resulting in the failure of the labor contract to be fulfilled, and the two sides have failed to reach an agreement on the change of the labor contract". There are two solutions to this situation: (1) keep the employees in place; (2) one month notice to terminate the labor contract and pay the economic compensation.

5. "cancellation or reduction of employee income" is definitely not lawful. Labor supervision department should be asked to report or apply for labor arbitration.

6. "enterprises need to modify or establish rules and regulations relating to the personal interests of employees", such as wages, benefits, rest and vacation, labor discipline, etc. In accordance with the statutory procedures stipulated in the labor contract law, all workers or workers' Congress shall put forward proposals and opinions and discuss them with the trade union or workers' representatives on an equal footing.