Do you need advance written notice for layoffs?

If a company or enterprise wants to lay off employees, it must give a written notice to the workers 30 days in advance. It is illegal not to give advance notice or provide written notice. The following is the full content of whether the layoff notice I brought to you is written or oral.

If a company or enterprise wants to lay off employees, it must give a written notice to the workers 30 days in advance. It is illegal not to give advance notice or provide written notice. The following is the full content of whether the layoff notice I brought to you is written or oral.

1. Is the advance notice of layoffs written or oral?

1, enterprises need to notify in writing in advance of layoffs.

2. If written notice is required, it shall be explained in writing at least 30 days in advance.

Article 41 of the Labor Contract Law is under any of the following circumstances. Where it is necessary to lay off more than 20 employees or less than 20 employees, but accounting for more than 10% of the total number of employees in the enterprise, the employer may explain the situation to the trade union or all employees 30 days in advance, and may lay off employees after listening to the opinions of the trade union or employees and reporting to the labor administrative department:

Comply with the provisions of the enterprise bankruptcy law;

Serious difficulties occur in production and operation;

(three) the enterprise production changes, major technological innovation or adjustment of business mode, and it is still necessary to reduce the number of employees after changing the labor contract;

(4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract.

Second, the statutory conditions for layoffs

Enterprises can lay off employees in two situations: one is that they are on the verge of bankruptcy and are declared by the people's court to enter the legal rectification period; In another case, serious difficulties occur in production and operation, reaching the standards of enterprises with serious difficulties stipulated by the local government. In addition, the reduction of employees in enterprises should also be carried out in strict accordance with the procedures stipulated by laws and relevant rules. Only when the enterprise has the legal conditions and strictly follows the legal procedures can it legally lay off employees, and it is effective to terminate the labor contract with employees through layoffs.

Third, the reasons for layoffs

1, not a bleak business. Although the main reason for layoffs in most companies is the decline in performance, mergers and acquisitions and local business adjustments are also factors that lead to layoffs. Even if the company cuts staff due to poor performance, it is not like most people think that the company is about to die, but mostly the normal cost-saving measures taken by the company to save the downturn. Therefore, layoffs are not a scourge, and China people should have a peaceful and rational attitude towards layoffs, especially those of large companies.

We think that "layoffs = bleak management" is because we are still looking at the modern human resource management of multinational companies with traditional labor and personnel concepts, but we are not aware of other reasons for layoffs. These reasons include: whether the economy is prosperous; Enterprise management is good or bad; Adjustment and change of company strategy; Changes in the global business direction and scale of multinational groups (this mainly refers to changes between regions, for example, strengthening China business and cutting European business will lead to layoffs in Europe); Changes in organizational structure lead to internal adjustment; The improvement of productivity, the saving of human capital brought by scientific and technological progress and so on.

2.M&A led to a recent report showing that the number of layoffs announced by American companies in June exceeded 654.38 million, mainly due to some redundant positions caused by M&A activities. The company in charge of this survey pointed out that with the increase of M&A activities, the merger will lead to "layoffs as high as/kloc-0.0 million people, because redundant positions will be cut".

3. Business Adjustment Although the layoffs of many companies are closely related to the decline in operating performance, the decline in a certain business of a multinational group does not mean the decline in the overall operation of the group. On the contrary, many companies are keenly aware of the changes in the market without the overall performance decline, and take measures such as layoffs to control them, so that the overall financial situation remains good.

Experts said that in addition to layoffs due to business adjustment, regional adjustment of the market or business will also lead to local layoffs. Some companies will lay off employees in order to divest non-main businesses.

That's all I've brought to you, whether it's written notice or verbal notice of layoffs in advance. If the company wants to lay off employees, it must obtain the consent of the trade union and cannot violate the statutory regulations prohibiting layoffs. If you have more legal questions, please consult relevant lawyers, who will provide you with professional answers.