Is the labor law useful No, it is still the boss who has the final say in dismissing employees

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) the employee is proved to be ineligible for employment 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 a labor relationship with another employer at the same time, which seriously affects 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 stipulates that under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's wages: (1) The employee is sick or injured not due to work, and is unable to engage in the original job or work arranged by the employer 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 reorganization; (3) The labor contract has undergone major changes in the objective circumstances on which it was concluded, 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.

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 a labor relationship with another employer at the same time, which seriously affects 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.

Summary. Hello, I have seen your question and am sorting out the answer, please wait for a while What is the labor law for the boss to dismiss employees.

Hello, I have seen your question and am sorting out the answer, please wait for a while If the employer illegally dismisses the employee, it needs to pay the employee economic compensation. Severance shall be paid to the worker 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 will be counted as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the boss dismisses the employee, if it is not for statutory reasons, then the employee needs to pay the corresponding economic compensation, and the standard of economic compensation is one month's salary for each employee who pays for one year. If there is a legitimate reason, it is good and does not need to pay severance payments.

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 unit, 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; (6) Those who have been pursued for criminal responsibility in accordance with law.

Legal Analysis: 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 a labor relationship with another employer at the same time, which seriously affects 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 basis: Article 39 of the Labor Contract Law of the People's Republic of China If a worker falls under any of the following circumstances, the employer may terminate the labor contract

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 harm to the employer;

4) The worker has established a labor relationship with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or refuses to correct the friend register 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;

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

1. What are the provisions of the Labor Law on the dismissal of employees?

1. The provisions of the Labor Law on the dismissal of employees are based on the actual reason for dismissal to compensate, generally according to the standard of one month's salary for each year of work, one month's salary for more than 6 months, and half a month's salary for less than six months.

2. Legal basis: Labor Contract Law

Article 39 [Unilateral Termination of Labor Contract by Employer (Fault Dismissal)] 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 harm to the employer;

(4) The worker establishes a labor relationship with another employer at the same time, which seriously affects 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 [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 is based at the time of conclusion, which makes it impossible to perform the labor contract, and the employer fails to reach an agreement on changing the content of the labor contract after consultation with the employee.

2. The following specific procedures shall be performed for the termination of labor relations.

1) The person who makes the decision to terminate (the supervisor of the unit and the worker) submits the application for dismissal;

2) The personnel department fills in the "Approval Form for Termination of Labor Contract" and submits it to the supervisor for approval;

3) Notify the department and employees to handle the handover of work and return the tools and equipment;

4) Relevant departments and employees to settle wages, benefits and other outstanding matters;

5) Employees sign and receive them in the financial formalities of settling wages and paying economic compensation;

6) Handle the transfer procedures for the relationship between the party, the league and the trade union organization and the archives for the employees;

7) Handle social insurance transfer forms and provident fund transfer procedures for employees;

8) Issue a Certificate of Termination of Labor Contract to employees.

If the boss dismisses an employee, if it is not for statutory reasons, then the employee shall be paid the corresponding economic compensation, and the standard of economic compensation shall be one month's salary for each year of service. If there is a legitimate reason, there is no need to pay severance payment.

1. What procedures are required for the company's dismissal, and labor dispatch workers do not need to.

Dispatched employees, like ordinary workers, are required to pay severance or compensation if the employee is dismissed by the employer without fault.

In the following circumstances, if economic compensation or compensation should be paid but is not paid, they can apply for labor arbitration within one year to protect their legitimate rights and interests:

1. If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, it may be determined that the employer has terminated the labor contract in violation of the law, and shall pay compensation, that is, 2 months' wages for every year of work.

2. If the employer and the employee legally terminate the labor relationship, it shall pay you severance payment, that is, pay you one month's salary for each year of service, and if the employer does not notify the employee one month in advance, it shall also pay one more month's salary as notice in lieu of notice.

2. Compensation for dismissal under the new Labor Contract Law.

According to the latest labor contract law currently in force in China, the provisions on compensation for dismissal are as follows: First, if the employee is at fault, the employer will not compensate for the dismissal. Second, if both parties agree to terminate the labor relationship, the employee shall be paid one month's severance for each year of service according to the number of years of service.

Third, if the employer dismisses the employee without justifiable reasons, it is required to pay the employee the corresponding severance and pay an additional month's salary as compensation.

3. How to compensate me if the company wants to dismiss me?

According to the relevant laws of China, if the company wants to dismiss the employee, then it needs to pay the employee economic compensation in accordance with the law. Under normal circumstances, the economic compensation is paid according to the number of years of service of the employee. An additional month's salary shall be paid to the worker for each full year, and if the working time is more than six months but less than one year, it shall be counted as one year.

If the working time is less than six months, the worker shall be paid half a month's salary as economic compensation.

Legal analysis: If the boss suddenly dismisses the employee, if it is the fault of the employer, the employee can apply for economic compensation. It is certainly not legal for a boss to dismiss an employee without cause; The illegal termination of the labor contract is a violation of China's labor law, and the employer needs to bear all the economic compensation of the employee, and the calculation will be based on the number of years of service of the employee.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with the provisions of 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 labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

Legal Analysis: Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary: the employee is sick or injured not due to work, and is unable to engage in the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer, etc.

Legal basis: Article 40 of the Labor Law of the People's Republic of China.

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 not competent for the job, and after training or job adjustment, he is still incompetent for the job;

(3) The labor contract has undergone major changes in the objective circumstances on which it was concluded, 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.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of 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 paragraph 1 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 labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

(7) Other circumstances provided for by laws and administrative regulations.

Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. 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 for half a month's salary.