Ministry of Human Resources and Social Security, Provisions for Personnel Cutbacks by Enterprises (Draft for Comments)

Issued: December 31 2014

Main contents: The Draft specifies that if the number of persons whose employment contracts an enterprise is to terminate subsequent to reaching a consensus through consultations is at least 20, it is required to inform its labour union or all of its employees of the relevant details and report the proposed number of persons whose employment contracts are to be terminated to the human resources and social security authority 30 days in advance.

The Draft specifies the scope of persons who may not be included in a personnel cutback, including those who contracted an occupational illness with the entity and those who sustained a work-related injury and have been confirmed as having lost or partially lost their capacity to work, female employees in their pregnancy, confinement or nursing period, and those who have continuously worked for the entity for at least 15 years and are less than 5 years away from the mandatory retirement age.