Is it half a year for a dismissal to be dismissed for one day beyond the contract period?

The employer shall compensate the employee for one month's salary.

If the employee does not have the circumstances provided for in Article 39 of the Labor Contract Law, the employer has terminated the contract in violation of the law, and the employee may claim compensation (twice the economic compensation).

The worker can apply for arbitration at the local labor bureau and claim compensation for compensation.

Labor Contract Law

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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 paid half a month's salary.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker 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.

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 employing unit;

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.

There are two concepts of dismissal and redundancy.

Regardless of whether the employment contract is signed once a year or every three years, after the expiration of the employment contract, if the employer is unwilling to renew it, it needs to pay the employee severance payment.

If the employee is not negligent in dismissal, the employer has terminated the contract illegally, and the employee may request the employer to pay compensation. At the same time, the employer may be required to make supplementary contributions to social insurance.

Severance 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. If it is more than six months but less than one year, it shall be calculated as one year, and if it is less than six months, the worker shall be paid half a month's salary as economic compensation. Financial compensation is twice the amount of compensation.

Legal basis] Article 38 of the Labor Contract Law of the People's Republic of China An employer 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) violation of laws and regulations, harming the rights and interests of the employee, and (5) failure to pay social insurance premiums for the employee in accordance with the law or regulations. Where the labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law, (6) other circumstances in which the labor contract may be terminated by laws and administrative regulations.

Article 40 [No-fault Dismissal] In 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.