More Than 20 Employees Are Required To Perform Statutory Procedures.

Guangdong should guide enterprises to cope with the financial crisis, safeguard the legitimate rights and interests of the workers and workers in accordance with the law, and reduce the number of personnel or more than 20 people, or make up 20 of the total number of employees in the enterprise. It is necessary to communicate with the trade unions, workers and local labor and social security departments in advance and fulfill the statutory procedures in advance, according to the law.

Reporters yesterday learned that the Guangdong provincial labor and social security department recently issued "guidelines for layoffs, discontinued production, failure and follow-up work of workers", "Guangdong labor dispute arbitration treatment discontinued production, collective labor dispute case norms and guidelines" and "labor contract citation", to guide and help enterprises and workers to actively respond to the impact of the international financial crisis, to safeguard the legitimate rights and interests of the two sides and harmonious and stable labor relations.

We should reduce or avoid large-scale centralized layoffs as far as possible. Guidelines indicate that enterprises with a reduction of more than 20 personnel or a reduction of less than 20 persons, but accounting for more than 10% of the total number of employees, should first communicate with the trade unions, workers and local labor and social security departments and fulfill their statutory procedures.

The enterprises need to reduce their personnel in a stable and orderly manner. They must not reduce the statutory special personnel, give priority to the retention of legal difficulties, and pay attention to retaining the backbone of technology and management.

During the period of stoppage and termination of production, enterprises can agree on new wage standards. If enterprises stop production and stop production for a period of not more than thirty days, the wages of workers who stop production and stop production will be paid according to their normal working hours. If they stop working and stop production, they will pay more than one wage cycle. Workers can also provide labours, and new wage standards can be determined through consultation. If workers do not need to engage in any work, enterprises should pay their living expenses according to 80% of the local minimum wage standard.

If the enterprise fails to resume work and make a resumption of production after the efforts, the relevant procedures for relieving the employee's labor contract and other related procedures shall be handled according to the relevant provisions.

(3) if the bankrupt assets of the enterprise are liquidated, the compensation for the employees shall be compensated. If the enterprise fails because of bankruptcy, the business license has been revoked, the company has been ordered to close down, the enterprise has decided to dissolve in advance, etc., it shall explain the situation to the employees, issue a proof of termination of the labor contract, pay the statutory expenses for compensation, subsidies and other legal fees that the employees should enjoy when terminating the labor contract, and handle the relevant procedures of archives and social insurance.

The assets realizable income of an enterprise shall be given priority to pay the above expenses.

(1) when the labor contract is terminated, the wages shall be paid at once. The employer or the worker may propose the content of the labor contract that changes the job, content, place of work, remuneration for labor and so on. After the two sides have reached a consensus, the labor contract shall be changed in written form.

Where supplementary insurance, service period and competition restrictions are required, the two parties may make a written agreement in accordance with the law, as a supplementary agreement for the labor contract, each party shall hold one copy after signing and sealing the contract, and perform it with the labor contract.

The employer should settle the labor contract on the same day and terminate the labor contract once, and at the same time issue the certificate of rescission of the labor contract or the certificate of termination of the labor contract, and file the relevant procedures for archives and social insurance within 15 days.

A malicious wage owed worker may apply for property preservation. If an enterprise operator escapes or maliciously pays wages, the worker may apply to the labor arbitration institution for making a preliminary enforcement judgment according to law, and may apply for an application for property preservation to the people's Court of the employing unit in accordance with the notice of acceptance of the labor dispute arbitration committee, and the people's court shall make a property preservation order according to law, and take such measures as sealing up, detaining, freezing, etc.

Yang Jing: editor in charge