If our substitute teacher is dismissed due to the merger of schools, is there any financial compensa

According to the law, compensation must be paid, and it is paid according to the number of years, for example, three months' salary is paid as compensation for three years of service. In addition, if the contract does not expire, the contract cannot be terminated arbitrarily, it must be terminated when it expires, otherwise compensation must be paid, and if there is no written contract, you can request the second month to the 12th month of the first year after the employer's salary, because the law stipulates that double wages must be paid within 12 months if you do not sign a written contract, and more than 12 months are deemed to have signed an indefinite term labor contract, and you still need to pay the aforementioned double wages.

Legal analysis: The substitute teacher has formed a relationship with the unit, and the provisions of the Labor Contract Law shall apply to the compensation treatment and standards. In case of dismissal, one month's salary shall be paid for each full year, and the compensation shall be calculated as one year for more than six months but less than one year, and half a month for less than six months.

Legal basis: Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

You can dismiss a substitute teacher, but you can't dismiss a substitute teacher casually, because there is an employment relationship between the school and the substitute teacher.

1. Wrongful dismissal.

If the employee is at fault, the enterprise does not need to give 30 days' notice and immediately dismisses the employee. According to the provisions of China's labor law, negligent dismissal mainly includes the following situations:

1) It is proved that they do not meet the employment conditions during the probationary period;

2) Serious violation of labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) Those who have been investigated for criminal responsibility in accordance with law.

2. Advance dismissal refers to the dismissal of employees by notifying employees 30 days in advance or paying in lieu of notice in accordance with the provisions of the law. The main situations are as follows:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he cannot engage in the original job or the work arranged by the unit;

2) The worker is not competent for the job, and after training or job adjustment, he is still incompetent for the job.

3) There is a major change in the objective circumstances on which the labor contract is based, which makes it impossible to perform the labor contract, and the two parties cannot reach an agreement on changing the labor contract through negotiation.

Legal Analysis: It is not permissible to dismiss a substitute teacher because there is an employment relationship between the school and the substitute teacher.

Legal basis: "Teachers Law of the People's Republic of China" Article 22: Schools or other educational establishments shall evaluate teachers' political ideology, professional level, work attitude, and work performance. The administrative departments for education are to guide and supervise the evaluation of teachers.

The labor relationship formed between the substitute teacher and the employer is suitable for the adjustment of the Labor Law and the Labor Contract Law, and the dismissal of a long-term (fixed or indefinite term labor contract) substitute teacher shall be given economic compensation.

Labor relationship refers to the relationship of rights and obligations arising from the employer recruiting workers as its members, and the workers providing labor remuneration by the employer under the management of the employer.

After being hired, the substitute teacher becomes a member of the school, and is required to obey the school's management and work arrangements, and receive corresponding labor remuneration, so the relationship between him or her and the school fully complies with the legal requirements of labor relations.

According to the provisions of the Labor Contract Law of China.

Article 82 stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. Paragraph 3 of Article 14 stipulates that if an employer does not conclude a written labor contract with an employee within one year from the date of employment, it shall be deemed that the employer and the employee have concluded an indefinite labor contract.

For substitute teachers who have been substitute teachers for more than 10 years and substitute teachers who have not signed a written labor contract for one year, they have formed an indefinite labor contract with the employer.