Interpretation Of The Labor Contract Law: Seven Kinds Of People Can Not Be Laid Off.

< p > the labor contract law stipulates that economic layoffs should be followed by legal procedures, and 30 days before the trade union or all the staff members will explain the situation. The layoff plan should also be sought from the trade union or all the staff members, and it will be amended before being submitted to the labor and social security department for approval.

In addition, seven workers who are in the medical treatment period, women workers during pregnancy and lactation period can not be cut down.

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< p > only in these two situations can we implement the economic reduction personnel: < /p >

< p > 1 is on the verge of bankruptcy and declared by the people's court to enter the period of statutory reorganization; < /p >

< p > two is 3 consecutive years of operating losses and the amount of losses has increased year by year. Insolvency and 80% of workers have stopped working for 6 consecutive months.

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< p > there are seven kinds of people who can not be cut: < /p >

< p > loss or partial loss of working ability due to occupational disease or occupational injury; < /p >

< p > illness or non occupational injury within the prescribed medical period; < /p >

< p > female workers during pregnancy, childbirth, and lactation; < /p >

< p > male workers are over 50 years old, female workers are over 45 years old; < /p >

< p > disabled workers; < /p >

< p > husband and wife in the same enterprise, only one person is allowed to be reduced; < /p >

P > other non reduction personnel < /p > under the laws, regulations and regulations

< p > labor contract law stipulates compensation for layoffs < /p >

< p > < < Labor Contract Law > > the forty-seventh economic compensation is paid to the laborers according to the number of years worked by the laborers in their units and the wages paid for one month per year.

For more than six months with less than one year, the financial compensation for half a month's wages will be paid to the laborers for a period of one year or less than six months.

The monthly salary of laborers is higher than that of the Municipal People's Government of the municipality directly under the central government or the municipal district where the employer is located, and the average monthly wage of the workers in the region is three times that of the previous year. The standard of paying the economic compensation to the workers is three times the average monthly wage of the workers, and the maximum period of payment for the economic compensation to them is not more than twelve years.

A few years' contract is not important. What matters is how long it takes.

According to the actual working age of the worker, the employee pays the economic compensation. He makes a full year's compensation for one month's wages, and half a month's compensation is less than half a year's salary. He is compensated for one month's salary for a full year less than one year.

In addition, the unit should notify workers to terminate the labor contract 30 days in advance, otherwise they will have to pay an additional month's salary as a notice to be paid.

Economic compensation is divided into 12 months before the termination of the labor contract, the total income before tax (including basic salary, bonus, subsidy, overtime pay, and last year's bonus) divided by 12 to get one month's wages, multiplied by the coefficient of length of service.

The required payment is calculated according to the monthly salary.

The new labor law was promulgated and implemented in 08 years.

It has no effect on the length of service.

If the labor contract is not renewed at forty-sixth, the employer shall pay the financial compensation to the laborer: (five) the employer will terminate the fixed-term labor contract in accordance with the first provision of article forty-fourth of this law except for the employer's condition of maintaining or improving the terms of the labor contract and renewing the labor contract, and the laborer contract law < /p >.

< p > forty-seventh economic compensation shall be paid to the laborers according to the number of years worked by the laborers in their units and the wages paid for one month per full year.

For more than six months with less than one year, the financial compensation for half a month's wages will be paid to the laborers for a period of one year or less than six months.

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< p > laborers' monthly salary is higher than that of the Municipal People's Government of the municipality directly under the central government or the municipal district where the employer is located. The average monthly wage of the workers in the region is three times that of the previous year. The standard of paying the economic compensation is three times the average monthly wage of the workers, and the maximum period of payment for the economic compensation is not more than twelve years.

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The contract less than p years is not important. What matters is how long it takes.

According to the actual working age of the worker, the employee pays the economic compensation. He makes a full year's compensation for one month's wages, and half a month's compensation is less than half a year's salary. He is compensated for one month's salary for a full year less than one year.

In addition, the unit should notify workers to terminate the labor contract 30 days in advance, otherwise they will have to pay an additional month's salary as a notice to be paid.

Economic compensation is divided into 12 months before the termination of the labor contract, the total income before tax (including basic salary, bonus, subsidy, overtime pay, and last year's bonus) divided by 12 to get one month's wages, multiplied by the coefficient of length of service.

The required payment is calculated according to the monthly salary.

The new labor law was promulgated and implemented in 08 years.

It has no effect on the length of service.

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< p > labor contract is not renewed at expiration date < /p >.

< p > forty-sixth, if any of the following circumstances occurs, the employing unit shall pay the economic compensation to the laborers: (five) the termination of a fixed term labor contract shall be terminated in accordance with the first provision of the forty-fourth article of this law unless the employer maintains or improves the conditions stipulated in the labor contract for renewal of the labor contract and the worker does not agree to renew the contract. < /p >

< p > adjustment of layoffs and other 14 situations can terminate the term labor contract < /p >.

< p > < < Regulations for the implementation of the labor contract law of the People's Republic of China > > stipulates that one of the 14 cases stipulated in the labor contract law can be terminated without any fixed term labor contract with the employee: (1) the employer and the laborer have reached a consensus; < /p >

< p > (two) during the probation period, the laborers were proved to be out of the employment conditions; (three) the workers violated the rules and regulations of the employing units seriously; < /p >

< p > (four) workers are seriously dereliction of duty and engage in malpractices, resulting in significant damage to the employing units; (five) the laborers establish labor relations with other employers at the same time, which seriously affect the completion of their work tasks or refuse to correct them by employing units; < /p >

< p > (six) because of the first item of article twenty-sixth of the labor contract law, the first item concerning the laborer's fraud or coercion or the danger of taking advantage of a person, the employing unit makes or changes the labor contract in violation of the true meaning, thereby causing the labor contract to be invalid; < /p >

< p > (seven) workers are prosecuted for criminal responsibility according to law; < /p >

< p > (eight) if the worker is sick or injured by non work, he can not engage in the original work after the prescribed medical treatment expires, nor can he engage in any work arranged separately by the employer. < /p >

< p > (nine) workers are not competent for the job, and they are still not qualified to work after training or adjustment of jobs; < /p >

< p > (ten) significant changes have taken place in the objective situation on the basis of the conclusion of the labor contract, resulting in the failure of the labor contract to be fulfilled. After the negotiation between the employer and the laborer, no agreement has been reached on changing the contents of the labor contract; (eleven) the employer has been reorganized in accordance with the enterprise bankruptcy law; (twelve) there has been serious difficulties in the production and operation of the employer; < /p >

< p > (thirteen) enterprise's conversion, major technological innovation or business mode adjustment. After changing the labor contract, personnel still need to be reduced; < /p >

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< p > (fourteen) other major changes in the objective economic situation based on the conclusion of the labor contract have resulted in the failure of the labor contract to be fulfilled.

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