職場急診室之如何應對裁員

It's a situation nobody likes to face. But there is always the possibility for any company employee to be confronted with the harsh reality of being fired.

這是一種所有人都不願面對的狀況。但任何一家公司的職員都可能遇上被解僱的殘酷現實。

If it happens, don't panic. Your legal or economic rights are protected through labor laws surrounding employment, even in the event of mass layoffs.

一旦不幸發生，不必驚慌。你的合法權益或經濟權利都受到勞動就業法規的保護，即便是在遭遇大規模裁員的狀況下依然行之有效。

"If you have been fired, are expecting to be fired, or were forced to quit because of an unbearable situation at work, there are legal ways to get your job back or claim compensation," said Zhang Liang, a lawyer at Jinpeng Law Firm in Guangzhou.

來自廣州金鵬律師事務所的律師張亮（音譯）說："如果你已經被炒，或希望離職，抑或難以忍受工作環境而被迫辭職，你都可以通過多種法律途徑來重返崗位或索求賠償。"

"You should keep documents such as employment contracts or employee handbooks, and negotiate with your employer in a calm and reasonable way."

"你應該好好保存諸如勞動合同或員工手冊等文件，以平靜理智的方式和自己的僱主協商。"

Earlier this month, electronics firm Motorola Mobility Holdings Inc caused uproar in China with a wave of layoffs.

本月初，電子產品廠商摩托羅拉移動技術控股有限公司大規模裁員事件在中國一石激起千層浪。

Employees in Beijing and Nanjing protested against the decision by owner Google Inc to reduce its global workforce by 20 percent, resulting in about 4,000 staff being laid off.

此前，摩托羅拉的東家谷歌公司宣佈將在全球範圍內裁員4000人，約佔全球員工總數的20%。而這一決定也受到北京和南京兩地僱員的嚴重抗議。

According to previous media reports, about 700 out of 1,600 research and development employees in Beijing will be dismissed, and the offices in Nanjing and Shanghai will be closed. Hundreds of discontented employees around the country are still seeking legal support to protect their rights.

此前有媒體報道稱，北京摩托羅拉研發部門的1600名職員中將有約700人將被解僱，而摩托羅拉駐南京和上海的辦事處也都將關閉。國內數百名心懷不滿的員工仍在尋求法律援助，來保護自身權益。

Is it legal for a company to lay off employees? And what kind of compensation package should fired employees expect?

公司裁員合法嗎？被解僱的員工又該期待得到何種賠償呢？

Feng Xiliang, a labor expert at the Capital University of Economics and Business in Beijing, said enterprises are allowed to cut staff numbers in the event of business performance issues.

來自北京首都經濟貿易大學的勞工問題專家馮喜良（音譯）表示："企業有權在因經營業績問題裁員。"

But he adds that they have to inform trade unions and local labor authorities in advance if they cut more than 10 percent of their headcount. "Although trade unions can represent workers, it's not appropriate for them to sign a deal with the employer without first discussing it with the workforce," he said.

但是他補充說，一旦用人單位裁員人數超過員工總數的10%，必須提前通知工會以及當地勞動部門。"儘管工會可以代表工人，但在事先未同職工商量過的情況下，擅自與僱主簽署協議也是十分不妥的。"

Furthermore, according to Feng, under current labor contract laws, any compensation proposed by an employer should be agreed through fair negotiation with employees, especially in cases of mass layoffs.

馮喜良還表示，在目前的勞動合同法中，僱主提出任何形式的補償都應同僱員進行公平協商而達成一致，尤其是在大規模裁員的情況下。

"The employer should sit down with individual employees to negotiate any employment reduction and compensation arrangements before any agreement is signed," Feng told China Daily.

馮喜良在接受《中國日報》記者採訪時表示："在達成任何協議之前，僱主應該跟每一位員工商議裁員以及補償安排方面的各項事宜。"

The Law of the People's Republic of China on Employment Contracts stipulates several conditions under which a company cannot terminate a contract, such as pregnancy.

《中華人民共和國勞務合同法》規定，在職工懷孕等情況下，公司不得解除勞動合同。

Article 47 of the law also includes clear and detailed regulations on compensation.

這部法律的第47條也清楚且詳盡地列出一系列有關補償的規定。

It says: "An employee shall be paid a severance pay based on the number of years worked with the employer at the rate of one month's wage for each full year worked."

其中規定："經濟補償按勞動者在本單位工作的年限，每滿一年支付一個月工資的標準向勞動者支付。"

"Any period of no less than six months but less than one year shall be counted as one year. The severance pay payable to an employee for any period of less than six months shall be one-half the monthly wage."

"六個月以上不滿一年的，按一年計算；不滿六個月的，向勞動者支付半個月工資的經濟補償。"

However, law experts stress that the law only serves as a reference. The exact amount of compensation can still be negotiated between employees and their company.

但相關法律專家也指出，這部法律僅供參考。實際的賠償金額仍要由員工和用人單位協商而定。

"Written employment agreements create a legally binding contract. They might state that you can be fired only for specific reasons," said Cai Wei, a lawyer in Kaiye Law Firm in Shenzhen. "If your employer is in breach of the contract, you can sue them."

來自深圳凱業（音譯）律師事務所的蔡偉（音譯）律師表示："書面勞務協議是具有法律約束力的合同。其中可能列出一系列你可能被解僱的具體情況。一旦僱主違約，你可以起訴他們。"

Information in employee handbooks and other written company policies, in some circumstances, is also legally binding.

在某些情況下，員工手冊及公司書面制度中的信息也具有法律約束力。