Question 44: In some cases, the Grassroots Trade Union will not cooperate or have unfavourable opinions about the restructuring, what should the human resources manager do in these cases?

548

From the legal perspective, Employers must consult the TUEC when: (i) building the labour use option if the restructuring affects the employment of 2 or more Employees; and when laying-off 2 or more Employees. However, Employers are only obliged to consult the TUEC instead of being obliged to get its approval. Nevertheless, unfavourable opinions from the TUEC might lengthen the termination process and create premises for Employees to complain about or object to the restructuring.

Therefore, people in charge of the restructuring should take care of the following issues to get the cooperation and favourable opinions from the grassroots TUEC:

  • Invite the grassroots TUEC to join from the first step to the end of the contract termination process, specifically, Employers may consider inviting the TUEC to join from the planning step; and
  • Invite outside lawyers to explain and advise the TUEC on the legality of the restructuring, so everyone in the TUEC understands this issue thoroughly, which will then be explained to Employees if necessary.