问答题 In relation to the Labour Contract Law of China:
问答题 (a) explain how an employer may reduce the workforce by 20 persons or more or by a number of persons that is less than 20 but account for 10% or more of the total number of the enterprise’s employees. (5 marks)
【正确答案】In accordance with Article 41 of the Labour Contract Law, in order to reduce the workforce by 20 persons or more or by a number of persons that is less than 20 but account for 10% or more of the total number of employees, an employer shall take the following measures: (i) The employer shall, 30 days in advance, explain to the trade union of all employees the circumstances under which the enterprise has to reduce such number of employees; (ii) The employer shall collect the opinions from the trade union or employees; (iii) The employer shall make a written report as to the workforce reduction plan to the administration of local government.
【答案解析】
问答题 (b) explain who shall be retained with priority by an employer when it reduces its workforce under the above circumstances. (5 marks)
【正确答案】In accordance with Paragraph 2 of Article 41 of the Labour Contract Law, in reducing the workforce of the above-mentioned number the following employees shall be retained with priority by the employer: (i) employees who have concluded fi xed-term labour contracts in a relatively long term with the employer; (ii) employees who have concluded open-ended labour contracts with the employer; (iii) employees who are the only workforce of their families and whose family members depend upon their income.
【答案解析】