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As companies tackle the issues associated with a company restructuring, or a merger and acquisition, there may inevitably be personnel adjustments. How to manage employees, including senior managers, mid-level managers, lower-level employees and other staff members, is a challenge that companies face. How to mediate and negotiate during an employment termination in order to reduce potential risks and ensure successful implementation is a key challenges.
In accordance with Labor Contract Law and relevant labor laws of the People's Republic of China, when companies need to terminate a labor contract with an employee, it is necessary to reach a written agreement after negotiation or meet the conditions of a legal termination to avoid the risk of a labor dispute. If a labor dispute occurs, it may have both tangible and intangible negative consequences for the company as a result of an unfavorable verdict handed down by arbitration or litigation. Therefore, it is of great importance that a settlement can be negotiated with the employee if there are inadequate conditions for a legal termination.
At this event, Lillie Ding, labor law and HR expert from SBA Stone Forest (SBASF), will share with you some important mediating and negotiating skills to conduct an employee termination, including: how to prepare & conduct the negotiation, recommended procedures and participant roles, and key factors to consider that can influence the negotiation.
Session Outline
- Preparation work for the termination negotiation
- How to conduct the negotiation
- Follow-up measures to manage the negotiation outcomes
当企业面临业务重组或兼并、收购时,不可避免地会有调整人员的可能,面对不同类型的员工,如企业高层,中层,基层及特殊时期员工等,企业如何有效进行离职谈判,降低或消除潜在的风险,从而能够顺利实施企业管理层面的决策?
根据中华人民共和国劳动合同法及相关劳动法规,为了避免劳动争议,当企业需要和建立了劳动关系的某位员工解除劳动合同时,需要满足法定解除条件或和员工有协商一致的书面协议。若发生劳动争议,不论是仲裁还是诉讼,在宣判结果不利于公司的情况下,都会对企业造成有形或无形的损害。在无法充分满足法定解除的条件下,员工是否同意协商解除劳动合同就变得至关重要。
在本次活动中,中瀚石林的劳动法专家Lillie Ding将会与您分享在员工离职面谈前,通常需要做哪些准备?如何实施谈判,是否有流程建议以及参与角色推荐?影响谈判结果的因素有哪些?如何为日后的人力资源管理创造理想条件?
- 离职谈判的前期准备
- 谈判过程中的注意事项
- 对于谈判结果的应对方针和后续措施