“軟裁員”需慎用
發(fā)布時(shí)間:2018-12-08 20:34
【摘要】:正近年來,隨著《勞動(dòng)合同法》、《社會(huì)保險(xiǎn)法》等一批涉及勞資關(guān)系的法律法規(guī)的實(shí)施,勞動(dòng)關(guān)系領(lǐng)域的勞動(dòng)者保護(hù)問題受到了人們前所未有的關(guān)注。數(shù)以萬計(jì)的用人單位在學(xué)習(xí)新的法律法規(guī)的同時(shí),也摒棄了以往不符合法律規(guī)定的做法,從而保證了勞動(dòng)者的合法權(quán)益不受侵害。然而,仍然有部分用人單位在日益激烈的市場(chǎng)競(jìng)爭(zhēng)或內(nèi)部結(jié)構(gòu)調(diào)整中,出于壓縮人工成本等目的,不顧勞動(dòng)者的利益,采取某種貌似合法的手段與勞動(dòng)者解除勞動(dòng)合同,以達(dá)到不支付經(jīng)濟(jì)補(bǔ)償金的目的。本文將對(duì)四個(gè)案例進(jìn)行分析,詳細(xì)闡述用人單位在解除勞動(dòng)關(guān)系方面存在的誤區(qū),以期給予用人單位和勞動(dòng)者以思考和啟發(fā)。
[Abstract]:In recent years, with the implementation of labor contract law, social insurance law and other laws and regulations involving labor relations, the protection of workers in the field of labor relations has received unprecedented attention. Tens of thousands of employers learn new laws and regulations, but also abandon the previous practice that is not in accordance with the law, thus ensuring the legitimate rights and interests of workers are not infringed. However, in the increasingly fierce market competition or internal structural adjustment, some employers, for the purpose of reducing labor costs and ignoring the interests of workers, take some seemingly legitimate means to terminate labor contracts with workers. In order to achieve the purpose of non-payment of financial compensation. This article will analyze four cases, expound in detail the misunderstanding existing in lifting the labor relation of the employing unit, in order to give the employing unit and the laborer to think and enlighten.
【作者單位】: 北京市東城區(qū)人民法院;
【分類號(hào)】:D922.5
,
本文編號(hào):2368962
[Abstract]:In recent years, with the implementation of labor contract law, social insurance law and other laws and regulations involving labor relations, the protection of workers in the field of labor relations has received unprecedented attention. Tens of thousands of employers learn new laws and regulations, but also abandon the previous practice that is not in accordance with the law, thus ensuring the legitimate rights and interests of workers are not infringed. However, in the increasingly fierce market competition or internal structural adjustment, some employers, for the purpose of reducing labor costs and ignoring the interests of workers, take some seemingly legitimate means to terminate labor contracts with workers. In order to achieve the purpose of non-payment of financial compensation. This article will analyze four cases, expound in detail the misunderstanding existing in lifting the labor relation of the employing unit, in order to give the employing unit and the laborer to think and enlighten.
【作者單位】: 北京市東城區(qū)人民法院;
【分類號(hào)】:D922.5
,
本文編號(hào):2368962
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