During the course of operation, the Company encountered many difficulties, forced to change its technological structure and had to let employees quit their jobs. However, this is not done arbitrarily but must comply with the provisions of law. For the convenience of customers who want to find out, Hung Phuc Law Office introduces the process for many employees to leave their jobs due to the change of technological structure as prescribed by law as follows:
According to Clause 1, Article 13 of Decree No. 05/2015 / ND-CP detailing and guiding the implementation of a number of Labor Code contents, technological structure changes include the following cases:
– Change of organizational structure, reorganize labor;
– Change of products, product structure;
– Changing the process, technology, machinery and equipment for production and business associated with the production and business lines of the employer.
Therefore, when your company changes the technology structure in the above cases, it is your company’s responsibility to develop a labor utilization plan to create conditions for employees to continue working, or your company. Full rights for the employee to resign. However, the obligations prescribed in Article 44 of the Labor Code 2012 must be fulfilled as follows:
– In case of changes in the structure and technology that affect the employment of many employees, the employer is responsible for formulating and implementing a labor utilization plan in accordance with Article 46 of the Ministry. Labor Code 2012; in case of new workplace, priority will be given to retraining workers to continue using.
– In cases where the employer is unable to settle a new job but has to let the employee quit his / her job, he / she must pay job loss allowance to the employee in accordance with Article 49 of this Code.
– The dismissal of many employees as prescribed in this Article shall only be carried out after consultation with the representative organization of the labor collective at the grassroots level and 30 days notice to the housing management agency. provincial labor countries.
* When changing the structure and technology that affects the employment of many employees, the employer is responsible for formulating and implementing a labor utilization plan in accordance with Article 46 of the Code. Labor 2012
Article 46. Labor employment plans
The employment plan must contain the following main contents:
a) List and number of employees who continue to be used, workers sent for re-training to continue using;
b) List and number of retired employees;
c) List and number of employees transferred to work on a part-time basis; the employee must terminate the labor contract;
d) Measures and financial sources to ensure implementation of the plan.
When formulating the labor utilization plan, there must be the participation of the representative organization of the labor collective at the grassroots level.
* When conducting a job severance, your company must provide severance pay according to Article 49 of the 2012 Labor Code
Article 49. Unemployment benefits
Employers who pay job loss allowances to employees who have worked for 12 or more months of their regular job and lose their jobs as prescribed in Articles 44 and 45 of this Code, each year of work pay 01 month salary but at least equal to 02 months salary.
The working time used for calculating unemployment allowance is the total time the employee has actually worked for the employer minus the time the employee has participated in unemployment insurance in accordance with the Insurance Law. The employer has paid severance allowances for social and working time.
The salary used to calculate job loss allowance is the average salary under the employment contract of the 06 consecutive months before the employee loses his job.
– Labor Code 2012;
– Decree 05/2015 / ND-CP;
– Decree 148/2018 / ND-CP.