Workers Should Learn To Protect Their Rights In Accordance With The Law.

The so-called layoffs, China's "labor law" laid off specifically refers to economic layoffs, is the reason for the employer's termination of the labor contract.

It refers to the behavior of a centralized employee to dismiss employees in accordance with the law.

Enterprises carrying out economic reduction of personnel can reduce redundant personnel arising from changes in production and operation conditions.

Pay cuts

Change your job location...

Unlike the hard lifting of contracts, some companies adopt a seemingly gentle but tortured disguised way of layoffs, leaving many employees in retreat and forcing their employees to take the initiative.

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Such layoffs are commonly referred to as "soft layoffs".

During the survey, when asked, "are you experiencing soft layoffs?" "how do you see soft layoffs?" these problems, many of the employees interviewed poured water.

In fact, no matter "soft layoffs" or the way of layoffs, enterprises and workers are relieved of their labor contracts.

In this way, we can find the corresponding laws and regulations in our labor contract law.

Cao Yan, lawyer of Beijing Tan Cheng law firm, told reporters that in the face of "soft layoffs", employees should not be afraid, and it is the absolute principle to take the initiative to safeguard their legitimate rights and interests according to law.

Cao Yan said that in the labor contract law, there are thirty-fifth provisions to allow posts to be pferred: the employers and workers can change the content stipulated in the labor contract through consultation.

Change of labor contract shall be in written form.

The employer and worker shall hold one copy of the revised labor contract.

The so-called "soft layoffs" is actually changing the labor contract.

Consistent with the phenomenon, Cao Yan lawyers suggested that in order to mobilize jobs and locations, people in the workplace should learn to use the labor contract to protect themselves. In the labor contract, they clearly specify jobs, jobs, work contents, work places, working hours and wages.

"As long as the workers do not agree to change the labor contract and the employing units enforce these means, they will fall into a breach of contract. The workers can complain to the labor supervision team and use the administrative force to force the user to rectify the breach of contract.

Or seek help from relevant organizations such as labor dispute mediation centers, and safeguard their rights according to law.

For those who have decoy laborers to say that they will be able to compensate for their resignation letters, they must not be convinced. If they are to be written, they must write out the reasons for their resignation. If the employer fails to pay the full amount of labor remuneration in time, or fails to provide labor conditions or labor protection according to the agreement, such disputes may become evidence later.

When it comes to "soft layoffs", the situation of waiting for a job and the minimum wage is indefinitely, Cao Yan said, according to the law, only in two cases, the employer can have the right to pay the minimum wage: first, stop work and stop production, resulting in staff being laid off; two, it is agreed with employees.

"If the practice of the enterprise does not meet the above two situations, it is illegal to only pay the minimum wage to the employees."

Cao Yan admitted: "in recent years, because of the so-called" soft layoffs "arising from more and more labor disputes, workers also need to pick up legal weapons and protect their legitimate rights in accordance with the law. Therefore, when faced with enterprises trying to unlawfully dissolve the labor contract, workers should seriously retain relevant evidence for future labor disputes may be fully prepared.