Layoff Notice
Dear Colleagues:
Since September this year, as you all know, our company has recently experienced some problems which have put some pressure on the company's economy, and our production output has fallen by 50%, which has made it impossible for us to continue to employ a group of excellent employees. The company has always been pleased with the qualities that you have demonstrated during your employment and regrets the loss of employees such as yourself.
However, our company is now experiencing serious operational difficulties. Losses for several months in a row if the losses continue, without corresponding strategic adjustments, it will be possible to develop to the realm of bankruptcy, so only as soon as possible to make strategic adjustments, the development of products that have the opportunity to ensure the survival of the enterprise. Therefore we have to regretfully inform you that we will lay off 20% of our staff. Yours faithfully, x x x Ltd is here to wish you all a bright future!
x x x Limited
Thursday, October 10, 2013
Part 2: Layoff Notice
Layoff Notice
(Employee Work No.: ):
The labor contract that you have signed/renewed with AA Company on October, 2013, has been canceled/renewed due to the following item
Reason: According to Article 3 of the "Implementation Measures of the Labor Contract System of AA Company". In accordance with the provisions of Article 1, Paragraph 1 of "Measures for the Implementation of the Labor Contract System of aa Company", it has been decided to terminate the labor contract as of January 1, 2012, due to the following reasons.
1, the employee's illness or non-work-related injury, after the expiration of the medical treatment period, can not engage in the original work or can not be engaged in the employer's other
2, the arrangement of the work;
2, the employee's illness or non-work-related injury beyond the prescribed medical treatment period can not go to work;
3, the employee is not able to do the work, and can not be able to do the work after the training or adjustment of the work position
4, the conclusion of the labor contract based on the objective situation has changed significantly, resulting in the original labor contract can not be performed, the parties can not reach agreement on changing the labor contract after consultation;
5, the employee has been waiting to be hired for six consecutive months.
6, economic compensation for the yuan, medical benefits for the yuan.
Please go to the labor department of your unit within one week before the date of termination of the labor contract to deal with labor contract termination formalities, the responsibility of those who do not go through the formalities after the deadline.
Hereby notify
aa company
Year month
Part III: company layoff program (2)
xxx company layoff program
First, the basic principle of layoffs - the payment of economic compensation to negotiate with the employees to terminate the contract
1, the reason for layoffs: the payment of economic compensation with employees to terminate the contract
The reason for layoffs: the payment of economic compensation with employees to negotiate with employees to terminate the contract
1, the reason for layoffs: due to production and management difficulties, it is difficult to maintain contact with the company's operations, the need for substantial layoffs
2, the object of layoffs: in addition to the assessment of excellence, can be retained for the time being, the first batch of layoffs of 83 employees, the temporary retention of 60 employees
2, layoffs the main workflow:
1, a meeting held by the leadership of the company announced the decision to layoffs and the reasons for the layoffs
2, announced the list of layoffs and compensation programs
3, issued a notice of termination of labor contracts, and ask the employees who received the notice to sign to confirm the receipt of the receipt of the receipt by the Personnel Department is responsible for the recovery of the return receipt, such as the employee refused to receive the notice, the department head together with an active employee to sign the notice, deemed to be served
4, the employees should be laid off after receiving the notice in accordance with the The company behind the provisions of the processing time, for the relevant work handover procedures
and fill out the "Employee Separation Sheet";
2. Work handover procedures are completed, the "Employee Separation Sheet" and the Ministry of Personnel and Administration, the Ministry of Personnel and Administration of the on-the-spot accounting of their monthly wages and related compensation;
3. Ministry of Personnel and Administration of the Ministry of Finance docking on the fulfillment of the work handover procedures, the work is correct. The work of the staff without error, in the prescribed time by the Ministry of Finance issued wages and related compensation, the employee must 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: enterprises require 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 year; less than 6 months, pay half a month of the salary of the economic compensation;
2. 1 = early notice payment.
According to the provisions of the labor law, the enterprise requires the termination of labor relations, one is 30 days' notice in advance of the employees laid off, and the second is not to give notice in advance, but need to pay the employees one month's salary, the company asked to be laid off
Immediately for the formalities, it is necessary to be paid one month of its 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 xx area Standard one-year maximum ceiling of 6600 yuan
Fourth, the layoffs and retrenchment work involves the responsibilities of various departments:
1, the company's general manager together with members of the team to preside over the layoffs, and to do a good job of talking to the staff to leave the company and ideological work;
2, the Ministry of Personnel and Administration is responsible for the issuance of notices and return receipts of the recycling work, is responsible for accounting for the staff's wages and economic compensation, if there are employees who have been laid off to request the payment of social security, is responsible for the payment of social security. Employees requesting social security contributions, is responsible for the social security base in the current year after the announcement of the day, for the departure of employees for social security contributions and other labor follow-up work; responsible for the inventory of the company's fixed assets with the Ministry of Finance;
3, the layoff of employees responsible for the department to assist in doing a good job of talking to the thinking of departing staff, and to do a good job of organizing and leading the formalities of the work of the work of its original work handover, including the materials and supplies, facilities and equipment, each department should be The handover of equipment, each department should be designated personnel responsible for this work, to ensure that the handover work is accurate and orderly;
4, the financial sector is responsible for leaving the staff's arrears, negligence compensation and other records, is responsible for the company's internal reconciliation of assets and accounts and inventory, as well as to prepare for the departure of the staff's wages and compensation (in the form of cash) of the issuance.
5, the Information Department is responsible for handing over the 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 leaving the company's access control work;
7, xx is responsible for the takeover of the recovery of the company's fixed assets;
V. Implementation of layoffs program Timetable:
1, September 28, the Ministry of Personnel and Administration to complete the layoff workers this month's wages and compensation for the accounting work, and will be prepared for the layoff program to report to the company's executives to discuss, reported to 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 separation application form; 2, September 30 on the implementation of the inventory of warehouses;
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 Personnel Department is responsible for the issuance of the "notification form" and the recovery of the return receipts;
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. 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 leaving the formalities, are required to pick up their personal belongings accompanied by a department supervisor and leave to avoid emergencies. To avoid emergencies;
2, the Ministry of Finance should be verified in advance 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 strengthened to strengthen the power of the gate, leaving the 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 power of the security force during the resignation of the employees, so the security guards The exit talk should be arranged to the last or suspend the dismissal;
5, wages and compensation is issued on the premise that the work of the employees laid off clear handover, accounts in line, such as not for the work of the handover, unauthorized departure, the existence of 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 in 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 staff;
4, social security and provident fund has not yet opened an account, the base of social security for the current year Has not been announced, if any employee to
request to make up for 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 employees refused to accept layoffs or unreasonable requests, whether to inform their obligations as follows:
Eight, the obligations of employees who have been retrenched:
1. Obedience to 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. The company shall not make false accusations, threaten, intimidate, contradict, insult, beat, and wait for the opportunity to retaliate against the company's colleagues and leaders, violators will be immediately dismissed, according to the provisions of the law dismissal shall not be paid any economic compensation; cause damage to others' body, property, will be compensated for; and transferred to the public security organs to deal with
2. Obey the company's decision, shall not be to vent their personal anger, in any way, destruction, damage to the company's production facilities, equipment, buildings, vehicles, and other company production facilities, and the company's obligations. 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 usurp the company or the legitimate property of others, shall not be refused to go through the formalities of leaving the company for various reasons.
Part IV: Enterprise does not lay off commitment
Enterprise does not lay off commitment
Wushan Labor and Social Security Bureau:
My enterprise solemnly undertakes that it will, in strict accordance with the provisions of the regulations, conscientiously fulfill the responsibility of stabilizing employment, and formulate measures for stabilizing employment positions, and will not lay off employees (except for normal termination of the labor contract on expiration of the contract).
Legal representative of the enterprise signed:
Name of the enterprise (chapter):
Year month day
Part V: enterprise layoffs case study
Enterprise layoffs case study
Baidu illegal procedures to lay off employees
A, the case is introduced:
And before that, formerly belonged to the Baidu product promotion department of the Mu Yifei in May 12, 2006 was laid off. Mu Yifei believed that Baidu's layoff procedures were inappropriate, and that his current options of more than 2,000 shares of about one million yuan had been canceled, so he filed a request for arbitration with the Beijing Municipal Bureau of Labor Affairs, requesting Baidu to rescind the layoff decision and restore the labor relationship with Baidu.
Second, the ruling
Beijing Labor Bureau ruled that, according to the "Beijing Labor Contract Regulations", Baidu on May 12 to Mu Yifei presented the "early termination of the labor contract agreement", but only on the termination of the labor contract compensation for the negotiation, can not be recognized as a termination of the act. Therefore, the labor relationship between the two parties still exists, due to continue to perform the labor contract. Baidu company requires Mu Yifei to handle the formalities of leaving the company
The request is not supported. In addition, Baidu needs to pay Mu Yifei from May 12 to the present all wages, and 25%.
Third, the commentary
Baidu in the layoff after the economic compensation is not improper, but its layoff procedures are thoughtful to question.
In our country, the company dismissed the reason and the dismissal of the formalities are strictly limited by law. China's "Labor Law" on the employer unilaterally terminate the labor contract to take a strict legalism, that is, the employer must comply with the conditions and procedures set out in the law, before the unilateral termination of the labor contract without the consent of the workers, rather than as long as the employer one month's notice, compensation for substitution, economic compensation and so on can be discharged. Employers unilaterally terminate the labor contract in three cases: (1) negligent dismissal (2) no-fault dismissal (3) economic layoffs
In the economic layoffs, according to China's Labor Contract Law, Article 41 states: "one of the following circumstances, the need to reduce more than 20 or less than 20 but accounted for 20% of the total number of employees of the enterprise, the employer shall give 30 days' advance notice to the employer, and the employer shall not be liable for any loss or damage to the employees. If the employer explains the situation to the labor union or all the employees 30 days in advance and listens to the opinions of the labor union or the employees, the plan for layoffs can be made after the plan has been reported to the labor administration department: (1) reorganization in accordance with the provisions of the Enterprise Bankruptcy Law; (2) serious difficulties in production and operation; (3) conversion of the enterprise to a new production line, a major technological innovation, or an adjustment of its mode of business operation, and the need to (iv) Other significant changes in the objective economic situation on which the labor contract was concluded, making it impossible to fulfill the labor contract. The number of Baidu's layoffs has reached 20, but Baidu did not explain the situation to the labor union or all employees thirty days in advance, but suddenly laid off employees, and did not report the layoff plan to the labor administration department. Therefore, Baidu layoffs are procedurally illegal.
China Resources Coatings 3 days of illegal layoffs of more than 200 people
First, the beginning and end of the leave
May 6, 2013, China Resources Coatings sudden layoffs news, there have been leaving the staff said that China Resources Coatings on the staff to take almost drive to layoffs. From China Resources Coatings internal staff sources said that from May 6 to now, China Resources Coatings has been illegally laid off more than 200 people, including female employees who are breastfeeding and old employees with a working age of up to 10 years. May 6, 2013, China Resources Coatings Shunde received the Valspar Group asked China Resources Coatings to lay off employees notice, due to operational difficulties. "Valspar Group hr gave only a verbal notice and did not give relevant information about the operational difficulties." On May 7, 2013, many employees at CR Paints' Shunde headquarters were suddenly interviewed by the hr department and Taiwanese executives for immediate dismissal without being notified in advance, and refused to be compensated in accordance with labor law. The hr personnel involved in a tough attitude, and threatened not to sign an agreement to terminate the labor contract will not get a penny compensation. What's more, they threatened to "have fixed the local government, employees are welcome to sue the company". Layoffs in China Resources Company exploded, forced to terminate the contract of the employees were immediately taken away by the security guards on the car forced to go to the hospital for the exit medical examination. The employees who refused to sign were surrounded by security guards and forced to leave their workplaces, triggering employee conflicts.
May 8, China Resources Coatings Group, deputy general manager and Valspar China legal director Fang Xin confirmed that China Resources is indeed layoffs, is the market behavior, has also informed the Shunde District Government. The move is purely market behavior. the afternoon of May 8, by outside media pressure, the marketing department's dismissal negotiations suspended. Negotiation object to eat only the department and the lower working years of employees, dismissal reasons have changed, hr department to employees to explain the dismissal reason is poor business operation, hope that employees understand and immediately sign. At the same time, in the absence of consent of the employees on the premise of not signing the separation agreement of the employees, in an illegal way unilaterally issued a notice of labor termination of the contract. May 9, 8:30 am, did not sign the agreement employees and included in the layoff list staff but for the notice of the negotiation of the employees' computers were blocked, the security guards forcibly evicted, and the employees privately moved out of the office.
On May 13, APAC executives urgently convened a meeting of Shunde department heads to discuss illegal layoffs that were exposed to the media. After the meeting, the email notification canceled the May 14th employee public explanation meeting, by each department manager to the employees individually. According to the layoff employees feedback, May 13 received department managers to convey the content of the Asia-Pacific executives meeting, layoffs are not operating difficulties, but the normal adjustment of personnel, and out there into the layoffs continue, while not affecting the company at the same time to recruit.
Second, the focus
Home winter, poor management of large enterprises layoffs and layoffs occur from time to time, but China Resources Coatings nearly drive way of layoffs has been a serious violation of legal regulations.
Third, analysis
China Resources Coatings layoffs are illegal. This practice of China Resources Coatings is a violation of the law, in violation of the Chinese people's **** and the State Labor Contract Law, Article 41. Article 41 provides that layoffs of more than twenty people or layoffs of less than twenty people 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 unions or all the workers to explain the situation, listen to the trade unions or the views of the workers, layoffs by the administrative departments of the labor department report, you can layoff and the law provides that female workers in pregnancy, childbirth, breastfeeding can not be laid off.
Article 47 of the Labor Contract Law stipulates that Article 47, economic compensation according to the number of years the worker has worked in the unit, every full year to pay one month's salary to the standard payment to the worker. If more than six months is less than one year, it will be calculated according to one year; if less than six months, the economic compensation of half a month's salary will be paid to the laborer. China Resources Coatings employees can complain to the Labor Bureau, and according to the provisions of the labor law to get the appropriate financial compensation.
Article 88 of the Labor Contract Law stipulates that employers who force labor by means of violence, threat, or unlawful restriction of personal freedom shall be given administrative punishment according to the law; if it constitutes a crime, it shall be investigated for criminal responsibility according to the law; and if it causes damages to the workers, they shall bear the responsibility of compensation.
As the CR Paints layoffs are "sudden action", layoffs before without warning, and the employees were laid off to take the form of near-expulsion. The enterprise's "one side only" behavior, let us see the current labor side has actually been in the "man for the chopping board, I for the fish meat" vulnerable position. In this layoffs storm exposed the difficult problem of employee rights is also worthy of our deep thoughts, for the government, a focus on stability or favoritism to enterprises, can certainly ensure the growth of gdp, but undoubtedly also undermined the government's credibility in the hearts of the people's image. For enterprises, the pursuit of profit maximization is the essence of this is not wrong, but if the layoffs are only to avoid the development of risk and speculation, such behavior although it can get a moment of success, but ultimately difficult to escape the net of the law. For employees, the law as a means to establish a positive and healthy sense of rights, and the correct exercise of rights is also imperative.
Part VI: Layoff application
Layoff application
To meet the company's layoff plan and the company's goal of reducing the size of the combination of my actual, I think I am the target of layoffs. Reasons are as follows:
First, less compensation
I monthly salary of 2300 yuan or so, working in the company for 6 years, in accordance with the labor law n +1 compensation for me is also about 13800 yuan. And the sooner the better, more than next year to add another year of service.
Second, the age of the older
Because of the age of the older, naturally slow, acceptance of the ability to be poor, the work tends to have a strong heart and not enough, things will often procrastinate, lose three.
Third, things less
Because the company's computer is very simple to use, the chance of computer problems is also very small. Usually install the installation system, test the network cable and so on. Hardware problems on the change or send outside repair, so basically nothing to do, all day stupid to work stupid waiting for the end of the day.
Fourth, high wages
Computer is not a lot of technical content and extremely simple, a person to maintain enough, a junior technician enough to complete the work is really no need to ask an engineer to complete.
In summary, the company should have laid me off!
Part VII: The enterprise does not lay off the commitment letter