How long will it take to dismiss employees and stop recruiting?

When dismissing employees, there is no stipulation on how long they can't recruit employees again. Unless it is a laid-off employee, if the employee is re-recruited within half a year, the laid-off employee shall be informed as soon as possible, and the laid-off related employee shall be given priority under the same conditions.

1. How long does it take to re-recruit employees after they are dismissed?

According to Article 46 of the Labor Contract Law, if the employer dissolves the labor relationship in accordance with Articles 36, 40 and 4 1, it shall pay economic compensation to the employee.

Article 47 stipulates that the economic compensation shall be paid to the laborer for one month's salary every year according to the number of years he has worked in this unit. 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. The monthly wage refers to the average wage of workers in the twelve months before the dissolution or termination of the labor contract.

In addition to the above circumstances, the employer's dismissal of the employee is an illegal termination of the labor contract, and it should pay compensation to the employee at twice the economic compensation standard, that is, pay the employee two months' salary for each full year according to the number of years he has worked in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, the employee shall be paid compensation for one month's salary.

II. Relevant laws and regulations

Labor Contract Law

Articles 1 and 36 stipulate that the employer and the employee may terminate the labor contract through consultation.

2. Article 39 stipulates that the employer may terminate the labor contract under any of the following circumstances:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

(6) Being investigated for criminal responsibility according to law.

3. Article 40 stipulates that in any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:

(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;

(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;

(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.

4. Article 4 1 stipulates that in any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employer may explain the situation to the trade union or all employees 30 days in advance, and may lay off employees after listening to the opinions of the trade union or employees and reporting to the labor administrative department:

(1) Conforming to the provisions of the Enterprise Bankruptcy Law;

(two) serious difficulties in production and operation;

(three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract;

(4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract.

When reducing personnel, priority should be given to retaining the following personnel:

(1) Concluding a long-term fixed-term labor contract with the unit;

(2) Concluding an open-ended labor contract with the unit;

(3) there are no other employees in the family, and there are elderly people or minors who need to support them.

If the employing unit reduces its staff in accordance with the provisions of the first paragraph of this article and recruits staff again within six months, it shall notify the retrenched staff and give priority to the retrenched staff under the same conditions.

There are no relevant laws and regulations on re-recruitment in China, but if the company cuts relevant employees, it must give priority to the employee with the same conditions within six months after the recruitment. Otherwise, it is necessary to pay some related economic compensation to employees according to national laws and regulations.