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Motorola not approved to lay off workers in Nanjing (2)

(People's Daily Online)

08:24, August 31, 2012

On Aug. 20, the product and public relations manager of the Motorola Mobility (China) Xuan Jun told the media that the employee laying-off plan of the "Nanjing Motorola" had been put on record in the "Nanjing Bureau" and approved.

Yuan Shenghan, the chief lawyer from the Nanjing Yuan Shenghan Law Firm, believes that the employee laying-off cannot be decided by the enterprise alone and any employee laying-off must be carried out according to laws. "According to the Law on Employment Contract of China, the enterprise must explain the situation to all its employees, report the situation to an administrative department of labor and obtain the approval or put it on record before it could lay off employees in such a large scale."

Yuan said that, if the employing unit terminates an employment contract illegally, the labor can demand the unit to continue to execute the contract. "If the employing unit terminates an employment contract compulsorily, the labor could lodge a complaint to an administrative department of labor, submit an application of arbitration to a department of labor or even take the unit to the court to safeguard his or her interests."

Employees hope the deadlock to be broken as soon as possible

By Aug. 28, the Motorola Mobility (China)'s last employee lay-off station of the "Nanjing Motorola" was still in a confrontation and no one had signed the severance agreement.

Liu said that a deadlock is not what the employees want. "We do not want to confront the company day after day with doing nothing. We are waiting for a solution on our destinies, though we do not know that it will be. Nobody wants to waste time like this in a company which is shutting down or is destined to shut down."

On Aug. 28, the president of the Asia-Pacific Region of the Motorola Company Liu Fei will carry out a highest-level employee lay-off negotiation with the employee representatives. Liu Hua said that he hopes the president Liu Fei could break the deadlock and reach an agreement that both sides are satisfied with so that "the interests of the company will be well considered and the requirements of the employees will be met."

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