About The Right To Be Laid Off At The End Of The Year

Mr. Song: 15 years ago, I went to work in a food company in this city.

A few years ago, the unit signed a labor contract with our employees every year. In early 2011, the company signed an unfixed term labor contract with me.

I have done statistical work in the unit storehouse. I have never made any mistakes since entering the office. I am the second time in the performance appraisal process every year. In recent three years, I have been rated as an excellent employee of the company.

In the second half of last year, the unit replaced the general manager.

Recently, the company posted a notice that the unit was not good enough, and the departments should lay off staff in different proportions. My name was on the list of layoffs.

When leaders talked to me, I did not agree to terminate the labor contract. When they did not sign any agreement with me, they forced the economic compensation to pfer to my salary card according to the N+1 standard, then cancelled my access card, so that I could not enter the company gate.

I would like to ask: does the unit's practice constitute an illegal termination of the labor contract?

An Huimin: if the employing unit

For those who are laid off economically, they will pay you financial compensation according to the N+1 you mentioned, which is in accordance with the law.

However, if the labor relations are terminated for consultation, they should be agreed through consultation and inconsistent with each other. If the employer unilaterally terminates the case without legitimate reasons, it should be an illegal release. You can claim 2N's economic compensation.

If your unit belongs to economic layoffs, and in accordance with the "

"Article forty-first provides that, if one of the following situations is to cut down more than twenty personnel or less than twenty people, but accounts for more than ten percent of the total number of employees, the employer can explain the situation to the trade union or all the staff thirty days in advance, and listen to the trade Union or

After the opinion is made, the personnel reduction plan is reported to the labor administrative department, and the personnel can be reduced: (1) the reorganization is carried out according to the provisions of the enterprise bankruptcy law; (two) serious difficulties in production and operation; (three) the pfer of enterprises, major technological innovation or adjustment of the way of operation, and the staff members still need to be reduced after changing the labor contract; (four) other major changes in the objective economic situation based on the conclusion of the labor contract, resulting in the failure of the labor contract to be fulfilled.

When reducing personnel, priority should be given to the following personnel: (1) to conclude a fixed term labor contract with the unit; (two) to conclude a labor contract without a fixed term with the unit; (three) there is no other employed person in the family, and the elderly or minors who need support.

In accordance with the provisions of the first paragraph of this article, the employing unit shall, within six months, reduce the number of personnel and notify the staff who have been laid off, and give priority to those who have been laid off under the same conditions.

If your unit performs the normal procedure according to law, then the unit will not constitute an illegal termination of the labor contract.

If the employer unilaterally terminates negotiations with you and disagrees with the negotiations and unilaterally forcibly terminates the labor relationship, if you think the employer is illegal, you may apply to the labor and personnel dispute arbitration committee at the place where the employer is located, and claim that the employer shall pay the economic compensation for illegal labor relations to you.