It is allowed for an enterprise to lay off employees according to regulations, which is for the survival and development of the enterprise.
According to Article 41 of the Labor Contract Law, if it is necessary to lay off more than 21 employees or less than 21 employees, which accounts for more than 11% of the total number of employees in the enterprise, the employing unit shall explain the situation to the trade union or all employees 31 days in advance, and after listening to the opinions of the trade union or employees, the staff reduction plan may be reported to the labor administrative department:
(1) Reorganization is carried out in accordance with the provisions of the enterprise bankruptcy law;
(2) serious difficulties occur in production and operation;
(3) The enterprise needs to reduce its staff after changing the labor contract due to the change of production, major technological innovation or adjustment of operation mode;
(4) The labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract was concluded.
If catering enterprises have the above situations, they can lay off employees after certain procedures. According to paragraph 4 of article 46, the employer shall pay economic compensation to the workers.
the economic compensation is paid to the employee according to the number of years he has worked in this unit and the standard of paying one month's salary for each full 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 employees in the local area published by the municipal people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary, and the maximum period for paying economic compensation to the worker is not more than 12 years.
monthly salary refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.