I asked if there was any severance for dismissal from a public welfare position

There is no severance for dismissal of a public welfare post, and the provisions on severance are not applicable to the dismissal of a public welfare post.

According to Article 12 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, the provisions of the Labor Contract Law on indefinite term labor contracts and the provisions on the payment of economic compensation shall not apply to the provisions of the Labor Contract Law on indefinite term labor contracts and the payment of economic compensation provided by the relevant departments of local people** at or above the county level for the placement of persons with employment difficulties.

Provisions on financial compensation.

Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of service in the employer. 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 paid 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 above content refers to China**.com - Regulations for the Implementation of the Labor Contract Law of the People's Republic of China.

Case review: Employee Sun is a 56-year-old family with employment difficulties, and his health is not good, on April 1, 2011, he was arranged by the urban management bureau of a district to work in a public welfare position (assistant manager), and signed a labor contract with a term of 3 years, with a salary of 1,250 yuan per month. After the expiration of the labor contract on March 31, 2014, the Urban Management Bureau notified in writing that the labor contract will not be renewed after expiration.

He had no objection to this, but argued that according to the provisions of the Labor Contract Law, the urban management bureau should pay him severance according to his working years, but the urban management bureau rejected his request on the grounds that his position was a public welfare position. Sun could not understand this, and in May 2014, he sued the Urban Management Bureau to the Labor and Personnel Dispute Arbitration Commission, requesting that the Urban Management Bureau be awarded economic compensation of 3,750 yuan. After receiving Sun's arbitration application, the labor arbitration commission gave a lecture and explained the labor security policies and regulations before the case was filed, and finally facilitated Sun to withdraw the arbitration application and close the case.

Knowledge link: Public welfare jobs are local people's use of financial funds to provide public welfare short-term jobs to help those who are difficult to achieve employment through market competition, such as: older age, skill list.

1. Assistance measures for people in difficulty, such as those from urban zero-employment families, rather than labor relations determined through mutual selection and consensus in accordance with the market mechanism.

In view of the particularity of the placement of public welfare posts, Article 12 of the Regulations for the Implementation of the Labor Contract Law stipulates that: "The provisions of the Labor Contract Law on the payment of economic compensation shall not apply to the provisions of the Labor Contract Law on indefinite term labor contracts and the payment of economic compensation for the public welfare posts provided by the relevant local people's departments at all levels for the placement of persons with employment difficulties. ”

In this case, the labor arbitration department patiently explained the relevant labor laws and regulations, relieved Sun's doubts, and made him withdraw the arbitration application on his own initiative.

What is a public welfare position?

The so-called public welfare jobs refer to the jobs that provide life services for community residents, the logistics support of government agencies, enterprises and institutions, and community public management services, as well as jobs in cleaning, greening, community security, and public facilities maintenance.

All public welfare posts invested by ** should give priority to the placement of older people with employment difficulties, and neighborhoods and communities should give key help to older people with employment difficulties. The target of this employment assistance system refers to the elderly laid-off and unemployed persons with difficulties, especially the laid-off workers of state-owned and collective enterprises at or above the county level who have the ability and desire to work, those who need to be resettled after the closure of bankrupt enterprises, and other urban unemployed persons who enjoy the minimum subsistence guarantee and have been unemployed for more than one year (some experts refer to it as the "4050" difficult group). In addition, relevant policies have been introduced at all levels, requiring the laid-off elderly unemployed to be the main target of employment assistance, and providing immediate job assistance and other help.

Legal analysis: If there is no economic compensation, it should be a public welfare position, which is not applicable to the provisions of economic compensation.

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 the employee in accordance with the law, (4) The rules and regulations of the employer violate the provisions of laws and regulations, and damage the rights and interests of the employee, (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (6) Other circumstances in which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threat, or illegal restriction of personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that 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 the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, (3) he or she seriously neglects his duties, engages in malpractice, and causes major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer, (5) the labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law, and (6) the employee is investigated 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:

(2) The worker is incompetent for the job and is still incompetent for the job after the completion of the prescribed medical treatment period and is still incompetent for the job after the expiration of the prescribed medical treatment period, (2) the worker is incompetent for the job and is still incompetent for the job after training or job adjustment, (3) the objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.

Is there any compensation for dismissal from public welfare positions - legal knowledge.

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According to the relevant laws and regulations of China, when a public welfare post is dismissed, it is generally not entitled to economic compensation. Because public welfare positions are usually provided by ** or social organizations, the nature of their work is for social welfare services, not for economic interests. As a result, severance compensation is generally not entitled.

However, according to the provisions of the Labor Contract Law, if a public welfare worker signs an employment contract with the employer, it shall be executed in accordance with the employment contract. If there is an agreement on compensation or economic compensation in the labor contract, then the payment can be made in accordance with the contract. In addition, if the employer violates the law when a public welfare worker is dismissed, such as failing to pay wages in accordance with the contract or participating in social insurance, the worker may file a lawsuit with a labor dispute arbitration institution or court to protect his or her legitimate rights and interests.

Summary. Hello dear <>

For employees who have been terminated from their public welfare post contracts due to work needs, whether there is compensation can be determined in accordance with local regulations and policies. For example, in some regions, employees in public welfare positions can receive a certain amount of compensation when they terminate their contracts.

Is there any compensation for dismissal from public welfare positions - legal knowledge.

Hello dear [give you Jane or be careful], there is no compensation for dismissal from a public welfare starvation position. If the labor contract expires and it is not renewed or a new labor contract is not concluded in accordance with the law, it is not a situation where the employer terminates the labor contract. Therefore, after the expiration of the public welfare post contract, the employer can choose not to renew the employment contract, and generally does not need to pay economic compensation in this case.

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For employees who have been terminated from their public welfare post contracts due to work needs, whether there is a compensation scale can be determined according to local regulations and policies. For example, in some regions, employees in public welfare positions can receive a certain amount of compensation when they terminate their contracts.

Hello dear <>

It should be noted that the dismissal of public welfare posts needs to be determined in accordance with local regulations and policies. If you are an employee in a public welfare position, it is recommended that you consult with the employer or the relevant local department to determine your rights and obligations.

The specific conditions are: 1. The worker is proved to be ineligible for employment during the probationary period; 2. The worker seriously violates the rules and regulations of the employer; 3. The worker is seriously derelict in his duties, commits fraud for personal gain, and causes major damage to the employer. Article 39 of the Labor Contract Law stipulates that an employer may terminate a labor contract if an 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 employer's rules and regulations; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm 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 39 of the Labor Contract Law The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) It is proved that the employee does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm 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 provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.