About the company's layoffs, compensation and overtime calculation and vacation

For layoffs before the expiration of the labor contract, first of all, the ruling must be filed by the labor administrative department, which is indeed a business difficulty. Moreover, it is necessary to hold a staff meeting to discuss the layoff plan, which can only be implemented after it is signed and approved. If it's just the behavior of the unit, directly saying layoffs is to terminate the labor contract in disguise. In the case that the labor contract has not expired, it is illegal to terminate and compensation needs to be paid. Two, the two sides are harmonious, and the employer proposes to lay off employees (terminate the labor contract). If agreed, the compensation scheme will take effect after confirmation by both parties; Legal economic layoffs are also N+ 1, no problem, and there is no need to notify one month in advance, because+1 is compensation for not notifying one month in advance; Third, overtime pay, once paid, should be paid, which is legal. According to the actual overtime, the time agreed in the labor contract is invalid, which conflicts with the law. Fourth, e-mail, QQ chat records, mobile phone messages, etc. Can be used as evidence. At present, overtime pay belongs to the principle of who advocates who gives evidence. You should provide preliminary evidence (as mentioned above), and then according to the principle of inverted burden of proof, the employer will provide the overtime details and overtime pay.

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