Company Layoff Program (I)
I. Basic principles of layoffs - Payment of economic compensation to terminate the contract with the employee negotiation
1. Reasons for layoffs: Due to difficulties in production and operation, it is difficult to maintain contact with the company's operations, and it is necessary to substantially lay off the staff
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2. Layoff targets: except for those who are assessed as excellent and can be temporarily retained, the first batch of 83 employees were laid off and 60 employees were temporarily retained
2. The main process of layoffs:
1. Holding a meeting, where the leaders of the company announce the decision of layoffs and the reasons for the layoffs
2. Announcing the list of the employees to be layoffed and their compensation packages
3. Issuing a notice of termination of labor contract and requesting the company to receive a letter of dismissal of the contract. Notice of termination of labor contract, and ask the employee who received the notice to sign to confirm, by the personnel department is responsible for the recovery of the receipt, such as the employee refuses to receive the notice, the department supervisor in conjunction with an active employee to sign the notice, deemed to be served.
4. The employees who are laid off should handle the relevant work handover formalities and fill in the "Employee Separation Sheet" according to the handling time stipulated behind the company after receiving the notice;
2.? After the completion of the work handover procedures, the "employee separation orders" and the Ministry of Personnel and Administration, the Ministry of Personnel and Administration on the spot accounting for their monthly wages and related compensation;
3.? Personnel and Administration Department and the Ministry of Finance docking, the fulfillment of the work handover procedures, the work of the employees, in the prescribed time by the Ministry of Finance after the issuance of wages and related compensation, the employees need to sign to confirm.
Third, the economic compensation program for: N +1
1, N = economic compensation: according to the relevant provisions of the labor contract law: the enterprise requires the termination of labor contracts with employees, according to the number of years of service in the company, pay 1 month's salary for each full year of payment of the standard payment of more than 6 months less than 1 year, calculated in accordance with the 1 year; less than 6 months, to pay half a month's salary of economic compensation;
2. 1 = early notice payment.
According to the provisions of labor law, the enterprise requires the termination of labor relations, one is 30 days' notice in advance of the employee being laid off two is not advance notice, but need to pay the employee one month's salary, the company requires to be laid off immediately for the formalities, need to be paid one month's salary; monthly salary is higher than the XX city of the previous year's average social wage of three times, according to the standard of three times, according to the standard of the XX region one year the highest ceiling For 6600 yuan
Fourth, the layoffs and retrenchment work involves the responsibilities of various departments:
1, the company's general manager together with team members presided over the layoffs, and do a good job of talking to the departing staff and ideological work;
2, the Ministry of Personnel and Administration is responsible for the issuance of notices and return receipts of the recycling work, responsible for accounting for the wages of the staff and economic compensation, such as the employees who were laid off to request for retroactive social security contributions, is responsible for the current year's social security base, and is also responsible for the payment of the social security base. Each department should designate a person responsible for this work, to ensure that the handover work is accurate and orderly;
4, the financial department is responsible for leaving the staff's arrears, negligence compensation and other records, is responsible for the company's internal assets and accounts check and inventory, and ready to leave the staff's wages and compensation (in the form of cash) of the issuance.
5, the Information Department is responsible for the handover of computer information and other aspects of the matter with the departing staff;
6, the company's security department is responsible for the behavioral control of the departing staff, to prevent retaliation and personal injury, as well as personnel to leave the company's access control;
7, XX is responsible for the takeover of recycling of the company's fixed assets;
V. Implementation of layoff programs Timetable:
1, September 28, the Ministry of Personnel and Administration to complete the layoff workers this month's wages and compensation ` accounting work, and will be prepared for the layoff program to report to the company's executives to discuss the chairman of the board of directors for approval;
2, September 29 to do a good job in all the preparations for layoffs, the Ministry of Personnel and Administration to prepare the notification form and the application form for leaving;
2, September 30 on the warehouse Implementation of inventory;
2, October 1 by the general manager and team members to convene a meeting of various departments, explaining the reasons for layoffs, announced the list of layoffs and compensation programs, the Ministry of Personnel is responsible for the issuance of the "notification form" and the recovery of the return receipt;
3, the layoff of employees for the handover of the work; fill in the "Employee Separation Sheet" handed over to the Ministry of Personnel and Administration, the Ministry of Personnel and Administration of the accounting of the completion of the compensation to inform the employees, the Ministry of Personnel and Administration to inform the employees, the accounting of the compensation. Notify employees to receive the date and fulfill the process;
4, October 2-5, the Finance Department in conjunction with various departments to count the company's fixed assets, reconcile the accounts
5, October 15 -20 payroll and compensation;
Six, notes
1, safety and security: employees after the exit procedures, are required to be accompanied by the department head to take Personal belongings and leave, to avoid emergencies;
2, the Ministry of Finance should be pre-verification of the layoff of employees in the existence of accounts, the Ministry of Personnel and Administration to verify the office supplies, to recover the license plate;
3, the security guards should be to strengthen the power of the gate, the departure of employees are not allowed to enter the company, in order to avoid the occurrence of malicious incidents;
4, due to the need to strengthen the staff during the dismissal of the Security forces, so the security guard's exit talk should be arranged to the last or suspend the dismissal;
5, wages and compensation is issued on the premise of the work of the employees laid off clear handover, accounts in line with, such as not for the work of the handover, unauthorized departure, the existence of the accounts and other issues, should be handled for the handover of the work of the accounts will be clear and clear settlement only after the settlement of wages and compensation.
7, the layoffs may occur in the follow-up issues:
1, social security contributions and individual requests for contributions according to the actual wage;
3, such as the layoff of employees claiming provident fund contributions;
2, the relevant departments of the April-May bonuses;
3, according to the provisions of Article 41 of the Labor Contract Law, due to production and operation occurred Serious difficulties; the need to reduce staff of more than twenty or less than twenty but accounted for more than ten percent of the total number of employees of the enterprise, the employer thirty days in advance to the trade union or all employees to explain the situation and listen to the views of the trade union or the employees, the staff reduction program reported to the labor administration department, you can reduce the number of staff;
4, social security and provident fund has not yet opened an account, the base of social security for the year Has not yet been announced, if any employee request to make up the social security, need to set aside a personal account part of the amount set aside should be 120% of the previous year's standard;
5, such as an employee refuses to accept layoffs or unreasonable requests, whether to inform their obligations as follows:
8, the obligations of employees to be retrenched:
1, to comply with the company's decision, shall not be so-called petition to reflect in the name of the name or other reasons, false accusations, threats, intimidation, and the employee's obligations to the company's decision to reduce the number of employees. Equipment, buildings, vehicles and other company property, violators in addition to immediate dismissal, according to the provisions of the law dismissal will not pay any economic compensation, and compensation for all the company's property losses, and transfer to the public security organs.
3, obey the company's decision, shall not intentionally delay the handover of work, shall not take the opportunity to use the convenience of their positions to misappropriation of the company or the legitimate property of others, shall not refuse to go through the exit formalities for various reasons.
Company layoff program (2)
First, the provisions of the current law on economic layoffs,
Second, the Labor Contract Law on economic layoffs, economic layoffs of the current provisions of the Law and the Labor Contract Law,
Third, economic layoffs of the legal strategy,
From the Theoretically, the types of enterprise layoffs are mainly divided into: structural layoffs, optimization layoffs, and economic layoffs.
Structural layoffs refer to changes in the business and business policy of the enterprise, resulting in the reorganization of the internal structure of the enterprise, separation and withdrawal of the layoffs caused by the reasons are generally three, one is the industry's own growth cycle of changes in the industrial structure of the enterprise must be adjusted; the second is due to the technological innovation, resulting in the disappearance of the enterprise's original positions; the third is the adjustment of the company's strategy. Optimization-type layoffs are designed to improve efficiency and team competitiveness, and the targets of layoffs are those employees with poor performance, bad interpersonal relationships, and poor teamwork skills. When choosing the target of layoffs, companies will first look at whether the employee is the creator of core performance and the performer of growth performance, and then consider how the employee's real performance is, and whether there are deficiencies in communication, teamwork, and learning initiative. Economic layoffs are mostly due to the need for cost control, this time often because there is a gap between individual returns and the reality of the enterprise's ability to pay, the enterprise must reduce expenditures through layoffs to increase competitiveness. Generally speaking, economic layoffs refer to the act of laying off employees on a larger scale in order to get rid of difficulties due to the occurrence of difficulties in the production and operation of the enterprise. The types of layoffs permitted by law are economic layoffs.
First, the current law on economic layoffs
Article 27 of the Labor Law stipulates that, during the period of legal rectification of the employer on the verge of bankruptcy or serious difficulties in production and operation, the employer needs to reduce the number of staff, it should be 30 days in advance to the trade unions or all the employees to explain the situation, listen to the views of the trade unions or employees, and reported to the administrative department of labor, it can be Reduction of personnel. Where an employer reduces its personnel in accordance with the provisions of this Article and hires personnel within six months, it shall give priority to hiring the personnel who have been laid off. Application of this provision of the dismissal of the labor contract, the following conditions shall be met:
1, the conditions of layoffs. (1) On the verge of bankruptcy for statutory consolidation period. The period of legal rectification on the verge of bankruptcy refers to the period during which the superior authority of the enterprise for which bankruptcy has been filed applies for the rectification of the enterprise if the enterprise is filed for bankruptcy by its creditors. The law stipulates that this consolidation period is to enable the enterprise to improve its business conditions and reverse the loss situation. In the process of consolidation, in order to prevent bankruptcy and reduce the scope of expenditure, it is inevitable to cut down the remaining labor force, and the employing unit may unilaterally terminate the labor contracts with some of the workers in accordance with the procedures stipulated in the law. (2) Serious difficulties in production and operation. The employer's production and management of serious difficulties, to meet the local government standards for enterprises in serious difficulties, the need for layoffs, layoffs can be.
2, layoff procedures. Layoffs not only need to meet the legal conditions, but also to follow the legal procedures, according to the relevant legal provisions, layoff procedures include: (1) 30 days in advance to the trade unions or all employees to explain the situation, and provide information on the production and business conditions; (2) put forward the program of staff reduction, including: the list of staff to be cut, the time of the cut and the implementation of the steps in line with the laws, regulations and the collective contract agreement (3) Consult the trade unions or all the employees on the plan for layoffs, and revise and improve the plan; (4) Report the plan for layoffs and the opinions of the trade unions or all the employees to the local labor administration department, and listen to the opinions of the labor administration department; (5) Formally announce the plan for layoffs by the employer, and go through the procedure of terminating the labor contracts with the laid-off employees, and provide the laid-off employees with the necessary information in accordance with the relevant regulations. Procedures, in accordance with the relevant provisions of the economic compensation to be paid to the person himself, issued a certificate of downsizing.
3, four categories of personnel shall not be reduced. It should be noted that: the following people can not be dismissed: (1) suffering from occupational diseases or work-related injuries and confirmed loss or partial loss of working ability; (2) illness or injury, in the prescribed medical period; (3) female workers in the "three periods"; (4) laws and regulations of other circumstances.
4. The obligations of the enterprise in the event of layoffs. (1) layoffs should give employees economic compensation. According to the law, when layoffs, the enterprise shall pay economic compensation to the workers according to their years of service in the organization. (2) Recruitment of new employees within 6 months after layoff.
Company Layoff Program (3)
Hubei XXXX Company is a former state-owned enterprise, Hubei XX Machinery Company Limited Hydraulic Cylinder Branch and Zhejiang XX Science and Technology Company Limited jointly formed, independent operation, independent accounting, mainly to undertake external processing business. Due to the small scale within the enterprise, the degree of automation is not high, still remain in the production of small workshops, do not have the market competitiveness, resulting in serious difficulties in the production and operation within the enterprise, now in urgent need of adjusting the mode of operation. According to the actual situation within the enterprise, combined with the impact of the enterprise's external environment, the company's board of directors decided to carry out economic layoffs within the scope of the relevant national laws. The specific program is as follows:
First, the basis of economic layoffs
The company due to poor management and other economic reasons, the 2009 annual accumulated losses of ? million yuan, production and operation of serious difficulties occurred, so that the need to dismiss a certain number of employees. According to the Labor Contract Law, Article 41, paragraph (2) "production and management of serious difficulties;" provisions of the economic layoffs belong to the employer to terminate the labor contract of a statutory situation, our company fully meets the statutory conditions for the composition of economic layoffs.
Second, the number of economic layoffs
The number of people on duty in the company is 63, and the plan is to lay off ? In accordance with Article 41 of the Labor
Contract Law, if there are any of the following circumstances that require the company to reduce its workforce by more than 20 persons or less than 20 persons but accounting for more than 10% of the total number of employees, the employer shall explain the situation to the labor union or all the employees in advance of 30 days, and listen to the opinions of the labor union or the employees, and then make a plan for the reduction of the workforce after reporting it to the labor administration department, the company may reduce the number of employees. Administrative departments, can reduce the number of people" provisions.
Third, the statutory procedures for economic layoffs
In accordance with the relevant labor laws and regulations, the following statutory procedures shall be carried out:
(a) Holding a general meeting of employees 30 days before the implementation of the layoffs and explaining the situation to all the employees, including the current state of the company's production and operation, the reasons for layoffs, the number of positions and employees to be laid off, the time of implementation of layoffs, the method of economic compensation and other measures to be taken to reduce the number of employees.
(b) In the implementation of the reduction of staff fifteen days before the implementation of the written report to the local labor administration departments of the staff reduction program;
(c) after the announcement of the staff reduction program, and the staff for the termination of the labor contract with the relevant procedures.
Fourth, economic compensation
In accordance with the relevant labor laws and regulations, the company will give economic compensation to the workers who are laid off, and the economic compensation will be paid to the workers according to the number of years they have been working in the organization, and one month's salary will be paid to the workers for each full year of work. If six months or more is less than one year, it is calculated according to one year; if less than six months, the economic compensation of half a month's salary is paid to the laborer.
If the monthly salary of a worker is higher than three times the average monthly salary of the workers in the region in the previous year as announced by the people's government of the municipality directly under the central government or the municipal people's government of the district where the employer is located, the standard of the economic compensation paid to the worker shall be paid at the rate of three times of the average monthly salary of the workers, and the maximum number of years for which the economic compensation is paid to the worker shall be not more than twelve years.
The monthly wage referred to in this article refers to the average wage of the worker in the twelve months before the labor contract is canceled or terminated.
The above compensation shall be paid in cash in a lump sum
V. Objects of layoffs
The layoffs are all in accordance with the provisions of Article 42 of the Labor Contract Law, and those in the following circumstances are not included in the list of layoffs:
(a) Workers engaged in occupational disease hazardous operations do not have occupational health checkups prior to leaving the workplace, or patients with suspected occupational diseases are in the period of diagnosis or medical observation. During the diagnosis or medical observation period;
(b) in the unit suffering from occupational diseases or work-related injuries and confirmed loss or partial loss of working capacity;
(c) illness or non-work-related injuries, within the prescribed medical period;
(d) female workers during pregnancy, childbirth, breastfeeding;
(e) in the unit of continuous work for fifteen years, and the statutory retirement age. (e) Fifteen years of continuous service in the organization and less than five years before the legal retirement age;
(f) Other cases stipulated by laws and administrative regulations.
VI. This program is adopted by the resolution of the Board of Directors meeting, and the authorized personnel of Hubei xxxx Company is responsible for the unified interpretation.
VII. This program has been implemented since January 20, **.
Hubei XXXX Pieces Company