Enterprises Need To Deal With "Attrition And Cold Winter" Cautiously.

At present, with the continuous spread of the global financial crisis, the real economy will also be affected to varying degrees. The arrival of "attrition and cold winter" in the global scale will have an impact on the employment situation in China.

Latest case

      取消岗位起争议

The judge predicted that labor disputes arising from the cancellation of Posts and adjustment of business will gradually increase in the courts.

There is currently a case under trial.

Affected by the crisis, some units may face the difficulties of operation and may reduce the cost of operation by reducing the scale of employment and reducing wages. If this process is mishandled, it will easily lead to labor disputes.

      预测

      劳动争议将出现新特点

The impact of the financial crisis can not be short-lived.

If there are large-scale layoffs and labor conflicts, and the disputes can not be resolved in time, the number of labor disputes will increase considerably. Next year, it will become another year of rapid growth of labor disputes after the promulgation of the labor contract law.

The employer's initiative to terminate or terminate labor relations, or stop or reduce wages, may become the most important factual cause of labor disputes.

Because it may involve large-scale layoffs of employers, if they are not handled properly, they will easily lead to group disputes.

Tips

      用人单位裁员应符合程序履行义务

In view of the possible problems caused by the crisis, the judge suggests that the employers and workers should be laid off in strict accordance with the law, and the workers should be reasonably compensated.

According to the thirty-ninth and fortieth articles of the labor contract law, the employer has the right to terminate labor relations in compliance with the provisions of the law and performing corresponding obligations.

The trade union shall have the right to request the employer to rectify the violation of laws, administrative regulations or labor contracts.

Two when more than 20 employees or more than 10% of the total number of employees are required to be laid off, they must comply with the conditions prescribed by law, that is, enterprises need to be laid down in accordance with the provisions of the bankruptcy law for reorganization, serious difficulties in production and operation, pfer of enterprises or major technological changes, or other major changes in circumstances to make the original labor contract unable to continue to perform.

Three when the above layoffs are needed, it should be explained to the trade union or all the staff 30 days in advance, and the layoffs can be implemented before the labor administration department reports.

Four, priority should be given to the appointment of permanent fixed term labor contracts with the unit, non fixed term labor contracts, and personnel who do not have other employment personnel to support the elderly or minors.

Five if the staff are recruited within 6 months after the reduction of personnel, they shall be notified of the staff being laid off and the people who have been laid off shall be given priority under the same conditions.

When the employer terminates labor relations and economic layoffs, it needs to pay economic compensation to laborers in accordance with their working years.

      切记

      五类劳动者不能“炒”

The employer shall not terminate the labor relations with the following personnel when he or she is notified 30 days in advance of the termination of labor relations and economic layoffs.

1. Workers engaged in occupational hazards do not carry out occupational health checks before departure or suspected occupational diseases during diagnosis or medical observation period.

2, in the unit suffering from occupational disease or injury caused by work and has been confirmed to lose or partially lose the ability to work.

3, sick or non occupational injury, within the prescribed medical period.

4, female workers during pregnancy, childbirth, lactation period.

5, in this unit continuous work for fifteen years, and less than five years from the statutory retirement age.

In addition, when a worker stops or stops production due to a worker's reason, the employer should pay wages in accordance with the standards stipulated in the labor contract in the period of a wage payment. If a worker pays more than one wage, he should pay wages that are not lower than the minimum wage standard.

Recently, the state has introduced a number of measures to ensure a stable and stable employment situation.

Editor: vivi