专业翻译机构--丽都翻译公司-因为专业所以卓越_（中英互译）法律类样本（三）

In accordance with the professional standards, ethics and spirits of diligence universally recognized in the attorney’s industry, and according to the corresponding regulations stipulated in Labor Law of the People’s Republic of China and Labor Contract Law of the People’s Republic of China as well, we hereby propose the legal advice listed as follows for the termination of labor contract between *** and its employees:

一、总的原则：公司按“经济性裁员模式解除劳动合同为主，双方协商一致解除劳动合同模式为辅”

I. General Principle: the Company can terminate the labor contract, with or without previous notice, with its certain employees in certain situations in line with the principle that “the labor contract can be terminated mainly in the form of economic dismissal and otherwise upon the joint consultation between the contracted parties”.

（1）经济性裁员：《劳动法》第27条规定：用人单位濒临破产进行法定整顿期间或者生产经营状况发生严重困难，确需裁减人员的，应当提前三十日向工会或者全体职工说明情况，听取工会或者职工的意见，经向劳动保障行政部门报告后，可以裁减人员。并且规定，用人单位自裁减人员之日起六个月内录用人员的，应当优先录用被裁减的人员。

(1) Economic Dismissal: It is prescribed in Article 27 of Labor Law of the People’s Republic of China that “During the period of statutory consolidation when the employer comes to the brink of bankruptcy or runs deep into difficulties in production and management, and if reduction of its personnel becomes really necessary, the unit may make such reduction after it has explained the situation to the trade union or all of its employee and employees 30 days in advance, solicited opinions from them and reported to the labor administrative department. Where the employer is to recruit personnel six months after the personnel reduction effected according to the stipulations of this Article, the reduced personnel shall have the priority to be re-employed”.

《劳动合同法》第41条规定：有下列情形之一，需要裁减人员二十人以上或者裁减不足二十人但占企业职工总数百分之十以上的，用人单位提前三十日向工会或者全体职工说明情况，听取工会或者职工的意见后，裁减人员方案经向劳动行政部门报告，可以裁减人员：

According to Article 41 of Labor Contract Law of the People’s Republic of China, “If any of the following circumstances make it necessary to lay off the employees by 20 persons or more, or less than 20 persons but accounting for 10% or more of the total number of employees of the employer, the employer may only do so after it has explained the situation to the labor union or to all of its employees 30 days in advance, has considered the opinions of the labor union or the employees, and has submitted its workforce layoff plan to the labor administrative department:

（一）依照企业破产法规定进行重整的；

i. Restructuring pursuant to the Enterprise Bankruptcy Law;

（二）生产经营发生严重困难的；

ii. Serious difficulties in production and/ or business operation;

（三）企业转产、重大技术革新或者经营方式调整，经变更劳动合同后，仍需裁减人员的； iii. the enterprise switches production, introduces significant technological innovation or adjusts its business model, and still needs to reduce its workforce after amending the labor contracts; or

（四）其他因劳动合同订立时所依据的客观经济情况发生重大变化，致使劳动合同无法履行的。

iv. a material change in the objective economic conditions relied upon at the time of conclusion of the labor contracts renders it impossible for the parties to perform.

裁减人员时，应当优先留用下列人员：

When reducing its workforce, the employer shall retain in priority personnel:

（一）与本单位订立较长期限的固定期限劳动合同的；

i. who have concluded a fixed-term labor contract with the employer with a relatively long term;

（二）与本单位订立无固定期限劳动合同的；

ii. Who have concluded an open-ended labor contract with the employer; or

（三）家庭无其他就业人员，有需要扶养的老人或者未成年人的。

iii. Who is the sole bread winner in the family and dependent family members who are elderly or minors.

用人单位依照本条第一款规定裁减人员，在六个月内重新招用人员的，应当通知被裁减的人员，并在同等条件下优先招用被裁减的人员。

If an employer that has reduced its workforce pursuant to the first paragraph hereof intends to hire new employees again within 6 months, it shall notify the employees dismissed at the time of the layoff and such employees shall have priority to be re-hired under the same conditions.

丽都国际翻译公司提醒您，未经许可，严禁转载，否则将追究其法律责任！