What compensation can I get if I am dismissed from the company at the age of 51?

At the age of 51, the retirement age is 55 years old, and the employer cannot terminate the labor contract, and can claim double the economic compensation for illegal termination. If you have not signed a labor contract, you can ask for double wages.

Article 14 of the Labor Contract Law refers to an indefinite-term labor contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years;

2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Article 48 of the Labor Contract Law: If 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 the labor contract; 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: If 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.

Article 25 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China: If an employer dissolves or terminates a labor contract in violation of the provisions of the Labor Contract Law and pays compensation in accordance with Article 87 of the Labor Contract Law, no economic compensation shall be paid. The calculation period of compensation shall be calculated from the date of employment.

I joined the company at the age of 51 and was dismissed by the company at the age of 61 this year.

Hello! He was dismissed at the age of 61 without severance payments. In accordance with the relevant laws and regulations of the national "Labor Law", "Labor Contract Law" and other relevant laws and regulations, if the male reaches the statutory retirement age at the age of 60, the labor contract will be automatically terminated.

Therefore, when a 61-year-old employee works in a company, there is a labor relationship rather than an employment relationship. Therefore, the scope of the Labor Law and the Labor Contract Law does not apply, and there is no legal basis for claiming compensation.

1. If the company dismisses a 50-year-old employee, it shall pay economic compensation according to the employee's working years in the unit, and compensate according to the standard of one month's salary for each full year. 2. If it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be compensated with half a month's wage.

If it is needed, it is in the case of compensation, and it is to be compensated.

1. Circumstances Requiring Payment of Compensation for Dismissed EmployeesIf the employer dissolves or terminates the labor contract in violation of the relevant provisions of the Labor Law, if the employee does not request to continue to perform the contract or the contract cannot be continued to be performed, the employer shall pay compensation to the dismissed employee in accordance with the law.

II. Circumstances Requiring Compensation for Dismissed EmployeesAccording to the law, the employer shall pay compensation to the dismissed employee under any of the following circumstances:

1) The employer carries out reorganization in accordance with the provisions of the Enterprise Bankruptcy Law and dismisses the employee through legal procedures;

2) The employer decides not to renew the labor contract with the employee after the expiration of the labor contract, except where the employer maintains or improves the agreed conditions of the labor contract to renew the labor contract, except where the employee does not agree to renew the labor contract;

3) The employee is dismissed when the employer is declared bankrupt in accordance with the law, or the employer has its business license revoked, ordered to close down, or revoked;

4) The employer dismisses the employee when it decides to dismiss the employee ahead of schedule.

3. Circumstances requiring 30 days' notice or payment in lieu of notice as compensationIf the employee has any of the following circumstances, the employer only needs to notify the employee in writing 30 days in advance or pay the employee an additional month's salary if the employee terminates the labor contract

1) The worker is sick or injured not in the line of duty, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;

2) The worker is still incompetent for the job after training or changing the position.

3) There is a major change in the objective situation on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot change the labor contract through negotiation and reach an agreement.

4. Circumstances in which there is no need to pay compensation for dismissed employees.

1) The employer may terminate the labor contract without notice if the employee falls under any of the following circumstances:

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

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

3. Serious dereliction of duty, malpractice for personal gain, causing major losses to the interests of the employer;

4. At the same time, establishing labor relations with other employers, which has a serious impact on the completion of the work tasks of the exalted unit, or refuses to make corrections after being proposed by the employer;

5. Using fraud, coercion or taking advantage of the danger of others to cause the employer to conclude or modify the labor contract contrary to its true intentions;

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