Four Kinds Of Layoffs Are Illegal.

Recently, there are media reports about the company's layoffs, including some famous companies.

Enterprise layoff refers to the behavior of enterprises in the process of production and operation to reduce personnel based on statutory procedures according to law.

The most common types of layoffs in practice are structural downsizing and economic layoffs.

In layoffs, there are four kinds of irregularities.

Xiaokang entered a gypsum factory in 10 months in 2011. In October 26, 2012, the gypsum factory submitted the "layoff application" to the labor supervision department. In October 29, 2012, the gypsum factory issued the notice of dismissal, and relieved the labor relationship with the well-off society.

Xiaokang applies to arbitration commission for arbitration, and the Arbitration Commission dismissed the request for a well off arbitration.

The court decided on the effective judgment of the court that the layoffs need strict legal procedures. The gypsum factory only submitted the "application for redundancy" to the labor supervision department, but did not explain the situation to the trade unions or employees, and listened to their opinions on the layoff plan.

Therefore, gypsum factory and well-off labor relations are not legal, should pay compensation for illegal labor relations to well-off.

According to the provisions of the labor contract law, if an enterprise needs to lay off more than twenty personnel or less than twenty people, but accounts for more than ten percent of the total number of employees, the employer shall explain the situation to the trade union or all the staff thirty days in advance, and listen to the views of the trade union or workers.

This shows that enterprises have strict legal procedures for layoffs.

Miss Tang has been employed in a hotel in 2014 and 1 days in April 2015. The hotel has made economic layoffs and relieved the labour relationship with Miss Tang.

The hotel promised to make economic compensation to Miss Tang during the layoffs. However, after the two sides lifted their labor relations, the hotel refused to issue it on the grounds of financial difficulties.

Miss Tang filed an arbitration application with the labor arbitration commission. After that, the hotel refused to accept the Arbitration Commission's ruling and lodge a complaint with the court.

According to the court's decision, enterprises should pay economic compensation to the workers for economic layoffs. The claim that the hotel refuses to pay the economic compensation on the grounds of economic hardship is not valid and decides that the hotel will pay Miss Tang's economic compensation within ten days.

According to the forty-sixth provision of the labor contract law, the enterprises should pay the laborers' economy for layoffs.

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In practice, due to the economic difficulties of many laid off enterprises, the economic compensation payments are generally not standardized, such as Miss Tang's experience is a typical example.

Ms. Lee joined a clothing company in 2011. In February 2015, the clothing company discontinued labor relations with Ms. Lee because of economic layoffs. Ms. Li was in the medical treatment period because of illness.

The two sides have disputes over the legality of the dissolution of labor relations. After the court decided that the workers were ill during the medical treatment period, the employer should not terminate the labor contract in the form of layoffs.

The garment company will release the labor relations in the form of layoffs in the form of layoffs, which is illegal and should be paid compensation for illegal labor relations.

According to the forty-second provision of the labor contract law, enterprises are carrying out

No special personnel such as pregnant women, patients during the medical treatment period shall be dismissed.

Some enterprises use workers' weak awareness of law to dismiss special personnel when layoffs are made.

Miss Zhang joined a group buying website in 2015, and the two sides agreed to work in Beijing.

In 2016, the website informed Miss Zhang to work in Nanjing.

Miss Zhang initially disagreed with changing jobs, but finally decided to agree to work in Nanjing.

The website said that the website was no longer operating because of business adjustment, and then broke up labor relations with Miss Zhang.

The two sides had a dispute over the matter and the court decided that the reasons for the termination of the labor relationship were not in conformity with the law and constituted an illegal termination of labor relations.

Due to strict layoffs, the "threshold" is high, and the need to pay the lifting.

Economic compensation, many enterprises have played a crooked thinking, by reducing wages, changing jobs, adjusting the working place and other means to force workers to quit to achieve the purpose of layoffs.

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