First, the basic principle of layoffs-pay economic compensation and negotiate with employees to terminate the contract.

1. Reasons for layoffs: Due to difficulties in production and operation, it is difficult to keep in touch with the company's operations and a large number of layoffs are needed.

2. Persons to be laid off: except those who are considered excellent after assessment, they can be temporarily retained. 83 people were laid off in the first batch, and 60 people were temporarily retained.

Second, the main process of layoffs:

1. Hold a meeting, and the company leaders announce the decision and reasons for layoffs.

2, announced the list of laid-off workers and compensation scheme.

3. Issue a notice to terminate the labor contract, and require the employees who receive the notice to sign for confirmation. The human resources department is responsible for taking back the receipt. If the employee refuses the notice, the department head will sign the notice with the same employee, which will be regarded as delivery.

4. After receiving the notice, the laid-off employee shall go through the relevant work handover procedures according to the processing time stipulated by the company and fill in the employee resignation form.

2.？ After the handover procedure is completed, the employee resignation form shall be submitted to the personnel administration department, which will calculate the monthly salary and related remuneration on the spot;

3.？ The personnel administration department is connected with the finance department, and the employees who have completed the handover procedures and are correct in their work will be paid wages and related remuneration by the finance department within the specified time, and the employees will sign for confirmation.

Three. Economic compensation scheme: N+ 1.

1, N= economic compensation: according to the relevant provisions of the Labor Contract Law, if an enterprise requires to terminate the labor contract with its employees, it shall pay 1 month's salary for every full year of working in this enterprise, and pay 1 year for less than 6 months; Less than 6 months, pay economic compensation for half a month's salary;

2. 1= advance notice fee.

According to the provisions of the Labor Law, the enterprise requires the dissolution of labor relations. One is to notify the laid-off employees 30 days in advance, and the other is to pay the employees one month's salary without prior notice. The company requires the laid-off employees to go through the formalities immediately and pay one month's salary. If the monthly salary is three times higher than the average social salary in XX last year, the annual maximum is 6600 yuan according to the standard of three times.

Four. Dismissal involves the responsibilities of various departments:

1. The general manager of the company will preside over the layoffs together with the team members, and do a good job in the heart-to-heart and ideological work of the resigned personnel;

2. The personnel administration department is responsible for the following work: after the publication of the social security base this year, if any laid-off employee requests to pay social security, it will be responsible for issuing the notice and recycling the receipt, accounting the employee's salary and economic compensation, and handling the social security payment procedures for the resigned employee; Responsible for checking the company's fixed assets with the finance department;

3. The person in charge of the department of laid-off workers shall assist in the ideological work of the resigned personnel, organize the leaders to go through the formalities and hand over the original work, including the handover of materials, facilities and equipment. Each department shall designate personnel to be responsible for this work to ensure accurate and orderly handover;

4. The finance department is responsible for recording the arrears and negligence compensation of the resigned personnel, checking and counting all assets and accounts within the company, and preparing to pay the wages and compensation (cash) of the resigned personnel.

5. The Information Department is responsible for handing over computer data and other matters to the resigned personnel;

6. The company's security department is responsible for controlling the behavior of resigned personnel, preventing retaliation and personal injury, and controlling the access of personnel after leaving the company;

7.XX is responsible for taking over the recovered company's fixed assets;

Verb (abbreviation of verb) The implementation schedule of the layoff plan:

1.On September 28th, the personnel administration department completed the accounting of wages and compensation for laid-off workers this month, and reported the laid-off plan to the company's top management for discussion and approval by the chairman.

2. On September 29th, make all preparations before layoffs, and the personnel administration department prepares the notice and resignation application form;

2. Inventory the warehouse on September 30th;

2. On June 65438+1 October1,the general manager and team members held departmental meetings to explain the reasons for layoffs, announce the list of layoffs and compensation plans, and the personnel department was responsible for issuing notices and recovering the receipt;

3 laid-off workers to handle the work handover; Fill in the employee resignation form and submit it to the personnel administration department, which will inform the employees of the calculated compensation, the date of collection and the performance process;

4, 65438+1October 2-5, the finance department in conjunction with various departments to check the company's fixed assets, check the accounts.

Pay wages and remuneration from June 65438 to1October 65438 to May 20;

Matters needing attention about intransitive verbs

1. security: after completing the resignation formalities, employees must be accompanied by the department head to collect their personal belongings and leave to avoid accidents;

2. The finance department should check in advance whether there is any problem with the downsizing, and the personnel administration department should check the office supplies and take back the work badge;

3. Security guards should strengthen their past posts, and employees should not enter the company after leaving the company to avoid vicious incidents;

4. Because the security force needs to be strengthened during the employee's dismissal, the departure conversation of the security guard should be arranged until the end or suspended;

5. The premise of salary and compensation payment is that the laid-off workers' work handover is clear and the accounts are consistent. If you leave your job without authorization and have problems such as accounts, you should handle the work handover and check the accounts before settling your salary and remuneration.

Seven. Possible follow-up problems of this layoff:

1, social security payment and personal requirements shall be paid according to actual salary;

3. If laid-off workers claim to pay provident fund;

Bonuses issued by relevant departments from February to May;

3. In accordance with the provisions of Article 41 of the Labor Contract Law, serious difficulties occur in production and operation; If it is necessary to lay off more than 20 employees or less than 20 employees, but accounting for more than 10% of the total number of employees in the enterprise, the employer may lay off employees after explaining the situation to the trade union or all employees 30 days in advance and listening to the opinions of the trade union or employees.

4. Neither social security nor provident fund has been opened, and this year's social security base has not been announced. Employees who want to pay back social security need to reserve personal accounts, and the reserved amount should be120% of the previous year's standard;

5. If employees refuse to accept layoffs or make unreasonable demands, they should be informed of the following obligations:

Eight. Obligations of laid-off workers:

1. Obey the company's decision, and do not falsely accuse, threaten, intimidate, contradict, insult, beat or wait for revenge against the company's colleagues and leaders in the name of so-called complaint reporting or other reasons. Offenders are dismissed immediately, and those who are dismissed do not pay any economic compensation according to the law; If it causes damage to the body or property of others, it shall be compensated; And handed it over to the public security organs for handling.

2. Obey the company's decision, and do not destroy or damage the company's production and operation facilities, equipment, buildings, vehicles and other company properties in any form to vent personal anger. Offenders are dismissed immediately, and those who are dismissed according to law will not pay any economic compensation, compensate the company for all property losses and hand them over to the public security organs for handling.

3. Obey the company's decision, do not deliberately delay the handover, do not take advantage of his position to occupy the legitimate property of the company or others, and do not refuse to go through the resignation procedures for various reasons.

The company's layoff plan (2)

First, the provisions of the current law on economic layoffs,

Secondly, the provisions of the Labor Contract Law on economic layoffs are compared with those of the Labor Contract Law.

Third, the legal strategy of economic layoffs,

Theoretically speaking, the types of enterprise layoffs are mainly divided into structural layoffs, optimized layoffs and economic layoffs.

Structural layoffs refer to the layoffs caused by the reorganization, division and cancellation of internal institutions due to the changes in business operations and business policies of enterprises. There are generally three reasons. First, the growth cycle of the industry itself has changed, leading to the adjustment of the industrial structure of enterprises. Second, due to technological innovation, the original position of enterprises has disappeared; The third is the adjustment of company strategy. Optimizing layoffs aims to improve efficiency and team competitiveness. The target of layoffs is those employees with poor performance, poor interpersonal relationship and poor teamwork ability. When choosing the target of layoffs, enterprises will first look at whether employees are the creators of core performance and the executors of growth performance, and then consider the actual performance of employees and whether there are shortcomings in communication, teamwork and learning initiative. Economic layoffs are mostly for the need of cost control. At this time, due to the gap between personal return and the actual payment ability of enterprises, enterprises must reduce expenses and increase competitiveness through layoffs. Generally speaking, economic layoffs refer to large-scale layoffs in order to get rid of difficulties due to difficulties in production and operation of enterprises. The type of layoffs permitted by law is economic layoffs.

First, the provisions of the current law on economic layoffs.

Article 27 of the Labor Law stipulates that if an employer is on the verge of bankruptcy during the period of legal rectification or has serious difficulties in production and operation, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and report to the labor administrative department, and then it may reduce the number of employees. If the employing unit reduces its staff in accordance with the provisions of this article and employs the laid-off staff within six months, it shall give priority to the laid-off staff. The dissolution and termination of a labor contract shall meet the following conditions:

1, redundancy conditions. (1) is on the verge of bankruptcy during the legal rectification period. The period of legal rectification on the verge of bankruptcy refers to the period when an enterprise is applied for bankruptcy by creditors and the superior competent department of the enterprise applying for bankruptcy applies for rectification of the enterprise. The law stipulates that this rectification period is to enable enterprises to improve their operating conditions and reverse the loss situation. In the process of rectification, in order to prevent bankruptcy and narrow the scope of expenditure, we must reduce the surplus labor force. The employing unit may unilaterally terminate the labor contracts of some workers in accordance with the procedures prescribed by law. (two) serious difficulties in production and operation. If the production and operation of the employing unit encounter serious difficulties, it can meet the standards of enterprises with serious difficulties stipulated by the local government, and if it is really necessary to lay off employees, it can lay off employees.

2. Procedures for layoffs. Layoffs not only need to meet legal conditions, but also follow legal procedures. According to the relevant laws and regulations, the procedures for layoffs include: (1) explaining the situation to the trade union or all employees 30 days in advance and providing production and operation information; (two) according to the provisions of laws and regulations and collective contracts, put forward the plan of downsizing, including the list of downsizing, the time and implementation steps of downsizing, and the economic compensation measures for downsizing; (three) to solicit the opinions of the trade union or all employees on the layoff plan, and to modify and improve the plan; (four) to report to the local labor administrative department the plan for downsizing and the opinions of the trade union or all employees, and listen to the opinions of the labor administrative department; (5) The employing unit officially announces the layoff plan, goes through the formalities of dissolving the labor contract with the laid-off personnel, pays economic compensation to the laid-off personnel in accordance with relevant regulations, and issues a layoff certificate.

3, four types of personnel shall not be cut. It should be pointed out that the following personnel cannot be dismissed: (1) those who suffer from occupational diseases or work-related injuries and are confirmed to have lost or partially lost their ability to work; (2) Being sick or injured within the prescribed medical treatment period; (3) Female employees are in the "third phase"; (4) Other circumstances stipulated by laws and regulations.

4. Obligations of the enterprise in layoffs. (1) Employees who are laid off should get financial compensation. According to the law, when laying off employees, enterprises should pay economic compensation according to the working years of employees in their own units. (2) Recruit new employees within 6 months after layoffs.

The Company's Layoff Plan (III)

Hubei XXXX Company is a joint venture between the former state-owned enterprise Hubei XX Machinery Co., Ltd. Hydraulic Cylinder Branch and Zhejiang XX Technology Co., Ltd., operating independently and accounting independently, mainly undertaking foreign processing business. Due to the small scale and low degree of automation of the enterprise, it still stays in the production mode of small workshops and does not have market competitiveness, which leads to serious difficulties in the internal production and operation of the enterprise, and it is urgent to adjust the business model. According to the actual situation inside the enterprise and the influence of the external environment, the board of directors of the company decided to make economic layoffs within the scope permitted by relevant national laws. The specific scheme is as follows:

First, the basis of economic layoffs

Due to poor management and other economic reasons, the company accumulated losses in 2009? 1 10,000 yuan, the production and operation are so difficult that a certain number of employees need to be dismissed. According to Item (2) of Article 41 of the Labor Contract Law, "there are serious difficulties in production and operation; It is stipulated that economic layoffs belong to the legal situation that the employer terminates the labor contract, and our company fully meets the legal conditions for economic layoffs.

Second, the number of economic layoffs.

There are 63 employees in the company, and it is planned to lay off employees? People, accounting for% of the total number of companies? , in line with "labor"

Article 41 of the Contract Law stipulates that "in any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and report to the labor administrative department before laying off employees".

Third, the legal procedure of economic layoffs.

Perform the following legal procedures in accordance with relevant labor laws and regulations:

(1) hold a staff meeting 30 days before the implementation of layoffs to explain the situation to all employees, including the company's goals.

Listen to employees' opinions on past production and operation conditions, reasons for layoffs, positions and numbers to be laid off, implementation time of layoffs, economic compensation measures and other matters that need to be explained;

(two) fifteen days before the implementation of staff reduction, a written report to the local labor administrative department;

(three) after the announcement of the reduction plan, handle the relevant procedures for the termination of the labor contract with the laid-off personnel.

Fourth, economic compensation measures

In accordance with the relevant labor laws and regulations, the company gives economic compensation to the laid-off workers, and the economic compensation is paid to the workers according to the number of years they have worked in this unit and the standard of paying one month's salary every year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

If the monthly salary of a worker is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary of the worker, and the longest period for paying economic compensation to the worker shall not exceed 12 years.

The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

The above compensation shall be paid in cash at one time.

Verb (abbreviation for verb) the target of laid-off workers

Laid-off workers all meet the provisions of Article 42 of the Labor Contract Law, and the following situations do not include laid-off workers:

(1) The worker who is engaged in the operation exposed to occupational hazards fails to undergo the occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation;

(2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work;

(3) Being sick or injured non-work-related, and within the prescribed medical treatment period;

(four) female workers during pregnancy, childbirth and lactation;

(5) Having worked continuously in this unit for fifteen years and being less than five years away from the statutory retirement age;

(6) Other circumstances stipulated by laws and administrative regulations.

Intransitive verbs This scheme was passed by the resolution of the board of directors, and the authorized personnel of Hubei xxxx Company are responsible for the unified interpretation.

VII. This scheme will be implemented from * * 65438+1October 20th.

Hubei XXXX parts company