What are the costs of terminating an employee? 10

If an employer dismisses an employee without cause, it is required to pay compensation to the employee.

Article 48 of the Labor Contract Law of the People's Republic of China Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

The contract of the labor dispatch personnel is signed with the labor dispatch company, and if the contract is terminated by both parties, it shall be handled in accordance with the relevant provisions of the Labor Contract Law.

The dispatched company and the labor dispatch company will sign a contract to see whether the conditions of the Labor Contract Law are met, and if they do not meet the requirements of the law, the company will compensate them in the same way as other employees in accordance with the labor contract. If the labor dispatch personnel do not meet the requirements of the dispatched company, they can return it to the labor dispatch company, and both parties will solve the problem in accordance with the labor dispatch contract.

Generally, the dispatched company does not have a direct labor contract relationship with the labor dispatch personnel, so there is generally no compensation relationship after the termination of the labor contract.

1. If the employer terminates the labor relationship with the employee without any lawful reason, fails to pay economic compensation or fails to perform legal procedures, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it may be determined that the employer's behavior falls under the circumstances of illegal termination as stipulated in Article 87 of the Labor Contract Law, and compensation shall be paid. The standard is to pay 2 months' salary for each year of service, commonly known as 2n;

2. If the employer terminates the labor relationship with the employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, the employer shall pay the employee severance payment, that is, one month's salary for every year of work, commonly known as n;

3. In accordance with Article 40 of the Labor Contract Law, and the employee is not notified in writing one month in advance, in addition to the severance payment, an additional one month's salary shall be paid as notice in lieu of notice;

4. If the employer proposes to terminate the labor relationship under the circumstances specified in Article 39 of the Labor Contract Law, it does not need to pay any economic compensation or notify the employee in advance; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.

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

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.

1. Article 39 of the Labor Contract Law provides that the employer may terminate the labor contract if the employee 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.

Legal analysis: If Suiqing does not notify the employee one month in advance, he needs to pay one month's salary as payment in lieu of notice, and pay compensation according to the number of years of service. For dismissal for other reasons, compensation can be paid according to the number of years of service.

Legal basis: Labor Contract Law of the People's Republic of China 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 employee is sick or injured not due to work, and cannot perform the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer; 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.

Circumstances in which an employee is required to pay severance for dismissal: (1) the employer terminates the labor contract due to economic layoff; (2) The employer proposes to terminate the labor contract to the employee and the employee agrees to terminate the labor contract through consultation; (3) The worker is not at fault and is dismissed by the employer; (4) Other circumstances provided for by laws and administrative regulations.

Article 42 of the Labor Contract Law of the People's Republic of China If an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Article 40 and Article 40 of this Law: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or the suspected occupational disease patient is in the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.

Circumstances in which an employee is required to pay severance for dismissal: (1) the employer terminates the labor contract due to economic layoff; (2) The employer proposes to terminate the labor contract to the employee and the employee agrees to terminate the labor contract through consultation; (3) The worker is not at fault and is dismissed by the employer; (4) Other circumstances provided for by laws and administrative regulations.

Article 42 of the Labor Contract Law of the People's Republic of China shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the worker falls under any of the following circumstances: (1) The worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or the suspected occupational disease patient is during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Sick or injured not due to work, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.

If the employer unilaterally dismisses the employee, and the employee is not at fault, the employer needs to compensate, and the standard of compensation is calculated according to the employee's working years in the employer, generally speaking, if it is less than six months, it is calculated according to half a month's salary; where it is more than six months but less than one year, it is calculated as one year; It is calculated by paying one month's salary for each full year.

Article 46 of the Labor Contract Law of the People's Republic of China An employer shall pay economic compensation to an employee under any of the following circumstances: (1) The worker terminates the labor contract in accordance with Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the contract in accordance with the provisions of items 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations. Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year.

where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be compensated with half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 48 of the Labor Contract Law of the People's Republic of China Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the worker does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law. Article 87 of the Labor Contract Law of the People's Republic of China Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.