The company's legal layoff process

The company's statutory layoffs need to formulate a layoff plan according to relevant laws and regulations, and explain and negotiate with the trade union or employee representatives before implementation.

Companies may need to lay off employees to improve efficiency in business development, but this process needs to comply with relevant legal provisions and procedures. Specifically, the company's legal layoffs need to formulate a layoff plan according to national laws and regulations, industry practices and the company's own situation, and truthfully explain and negotiate with the trade union or employee representatives. If no agreement can be reached, an application can be made according to relevant procedures and implemented after approval. When making a layoff plan, we need to pay attention to the following aspects: 1. Number and proportion of layoffs: The number and proportion of layoffs should comply with national laws and regulations and the situation of industries and regions. 2. Layoff criteria: The layoff criteria should be clear and fair, and should be assessed according to factors such as employees' work performance, comprehensive quality and work ability. 3. Layoff plan: The layoff plan should protect the legitimate rights and interests of employees, such as making appropriate compensation plans and resettlement plans. 4. Consultation procedure: explain and negotiate the layoff plan to the trade union or employee representatives, and listen to their opinions and suggestions. It should be noted that if the employer is found to have non-compliant behavior (such as layoffs by means of discrimination or retaliation) during the layoff process, the employee may file a lawsuit with the labor inspection, arbitration institution or people's court.

Under what circumstances can the company lay off employees? Under the circumstances of economic downturn, business adjustment, technological change and reorganization, the company can take reasonable measures to lay off employees according to law. The specific situation of layoffs needs to be considered in combination with the actual situation of the enterprise itself to ensure compliance with relevant laws, regulations and procedures.

The company's statutory layoffs need to formulate a layoff plan according to national laws and regulations and the company's own situation, and implement it after explanation and consultation with the trade union or employee representatives. At the same time, in the process of layoffs, we need to pay attention to protecting the legitimate rights and interests of employees and avoiding improper behavior.

Legal basis:

Article 40 of the Labor Contract Law of People's Republic of China (PRC) is under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:

(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;

(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;

(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.