Loss Making Enterprises Prepare To Lay Off Workers And Where To Go.

Workers were sick at home, but they were told that they needed to lay off workers.

Recently, Mr. Ji, who was worried, asked for help from this newspaper. He wondered if the company could terminate his labor contract.

According to Mr. Ji, he is an old employee of a company and has worked in the company for nearly 20 years.

When he worked for ten years, the company signed an unfixed labor contract with him.

He was more introverted, only buried in his work. More than 10 years later, he was also confirmed by the leadership. He was appointed Deputy Manager of the Department.

The work is stable, the family is very beautiful, he is satisfied with his life and work, but in the second half of last year, a sudden illness broke his peace.

When he was at home, he suddenly had brain infarction, and his family sent him to the hospital. Although the doctor was still in time, he still had sequelae.

The doctor ordered him to undergo a phase of rehabilitation training after the condition was stabilized.

Because of the inconvenience, he had to ask the company long.

。

Recuperation, exercise, his body gradually recovered, never thought, recently, he has trouble again.

Because several of his colleagues called him, and even the manager of his department called him and said that the company has been losing money in recent years. Last year, it was a serious loss. Now most of the staff in their department may be laid off.

This side is ill, and the other side will lose his job. What will he do in the future?

Dong Zhaohua, Shanghai's Zhao Hua labor security consulting company, said Mr. Ji should not be worried. The most important thing at present is to keep fit, because the company can not cut him down now.

First of all, company layoffs are not tailored.

The labor contract law stipulates that one of the following circumstances requires

If more than twenty people or less than twenty persons are less than ten percent of the total number of employees, the employer should explain the situation to the trade union or all the staff in advance thirty days. After listening to the opinions of the trade union or the staff, the personnel reduction plan can be reduced to personnel according to the provisions of the enterprise bankruptcy law after being reported to the labor administrative department; the production and operation are seriously difficult; the enterprise's pfer of production, major technological innovation or adjustment of the way of operation, and the need to reduce personnel after the change of the labor contract; and other major changes in the objective economic situation based on the conclusion of the labor contract, resulting in the failure of the labor contract to be fulfilled.

Second, companies do not want to cut who will be able to cut.

The labor contract law clearly states that when reducing personnel, priority should be given to the following personnel: a fixed term labor contract concluded with the unit, a non fixed term labor contract with the unit, no other employment for the family, and an elderly or minors who need support.

In addition, the law also stipulates that workers who are sick or non - injured during layoffs are not allowed to be laid off during the prescribed medical period.

Finally, if the company wants to release him.

Also wait until his medical treatment expires.

According to the regulations, the period of medical treatment is set according to the working life of the employee in this employer.

The worker works in his unit for first years, and the medical treatment period is 3 months. After every 1 years of work, the medical treatment period will increase by 1 months, but not more than 24 months.

A worker who has been identified by the labor capability appraisal committee as a completely disabled worker but does not meet the conditions for retirement or retirement shall extend the medical period.

The extended medical period is specified by the employer and the worker, but the agreement of the extended medical period and the medical period stipulated in the preceding Article shall not be less than 24 months.

Dong Zhaohua also pointed out that if Mr. Ji was unable to engage in the original work at the expiration of his medical treatment and could not engage in any work arranged by the employer, the company could rescinded his labor contract and notify him in writing or pay an extra month's wages thirty days in advance.

The company also has to pay compensation to him according to the years of his work in this unit.

In addition, according to the Shanghai labor contract Ordinance, the company should also give a medical subsidy not less than six months' salary income.

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