The Provisions Of "Temporary Withdrawal Prohibition" Reflect The Maximum Protection For Labourers.

In December 31st, the Legislative Affairs Office of the State Council launched the public opinion on the provisions of the enterprise personnel reduction (Draft), and made clear that the enterprises needed to reduce personnel. It should explain the situation and provide relevant certificates to the trade union or all the staff members of the enterprise 30 days in advance. In addition to the law prohibiting layoffs, the draft stipulates that no one can be laid off for 15 consecutive years in the unit and less than 5 years from the statutory retirement age. (December 31st Legal Evening News)

Before that, it often happens that workers have been working in a unit for a lifetime, approaching retirement, but have been swept away. From the perspective of enterprises and other units, a part of the temporary staff will be cut down, and then new people will be introduced. On the one hand, they will throw away the burden, and on the other hand, they will enhance the vitality of the staff. However, in the case of laborers, such layoffs, no matter how beautiful the rhetoric of corporate units is, they will inevitably feel that they have been forced to "break the bridge" or even "run the gun".

In the view of corporate social responsibility, workers can work in a unit for more than fifteen years or even a lifetime, and they have made great contributions to the enterprise. Even if they have not done credit, they will at least have hard work. It is easy to "kick out" these people. On the one hand, it is difficult for enterprises to treat their workers well, and on the other hand, they will suffer the loss of their rights and interests, so that the enterprises will be subjected to integrity and responsibility. corporate culture A crisis of confidence in social responsibility.

Based on this, the regulations on enterprise reduction personnel (Draft for solicitation) stipulate that "no 15 years of continuous work and no less than 5 years from the statutory retirement age shall be laid off". This is obviously very well intentioned, and it is also the maximum protection for labourers.

One, there is a legal basis for "temporary withdrawal". For example, the labor law and the labor contract law and other laws, in fact, have "not signed a labor contract for a year, regarded as an unfixed term labor contract" and "even signed labor contracts for ten years, regarded as no fixed term labor contract" and other relevant legal provisions and principles. It is not that no fixed term labor contract can be lifted, but at least, the principles and spirit of these laws are set up to limit the layoffs of enterprises and protect the rights and interests of workers. This is consistent with the spirit of "temporary withdrawal prohibition".

The two, " Temporary retirement ban In fact, it is a double protection for workers and employers. To protect workers' rights and interests, needless to say, for employers, if an employee can work continuously for fifteen years in a unit, though he may retire soon, his work experience and working ability may not be lower than that of new employees. Moreover, the attitude and treatment of an enterprise or a unit to its old employees reflects the responsibility and responsibility of the enterprise. This is the proper meaning of corporate culture and corporate social responsibility.

In recent years, related labor statute The gradual introduction has played a good role in protecting workers' rights and interests. Now, the Legislative Affairs Office of the state council intends to re - impose "Prohibition" and other relevant provisions on the "retreating" personnel. It will undoubtedly add new standards or "weapons" to the protection of laborers' rights and interests. This is the happiness of workers, the happiness of the society, the meaning of the state, and the happiness of enterprises at the same time.