The doorman of the community is over 70 years old, how to dismiss

1. The law does not stipulate that such behavior is illegal.

2. The Labor Contract Law stipulates that 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: the employee is not competent for the job, and is still incompetent for the job after training or job adjustment. The employer may terminate the labor contract accordingly.

3. If the labor contract is terminated under the above circumstances, the employer shall pay economic compensation to the employee. 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. 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.

4. The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties.

5. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of this Law, it shall be paid at the time of completion of the work handover.

Your employer can handle the relevant matters in accordance with the Labor Contract Law.

Direct dismissal and re-employment are not protected by the labor law.

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If the doorman has been working in this unit before he reaches the statutory retirement age or begins to enjoy the pension insurance benefits, then when he reaches the statutory retirement age or begins to enjoy the pension insurance benefits, the original labor will be terminated naturally, and the employer does not need to pay economic compensation. If the labor contract does not stipulate economic compensation, then the unit does not need to pay economic compensation, and if there is an agreement, it shall be implemented in accordance with the contract.

Legal basis: Article 44 of the Labor Law In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours according to the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations not less than 150% of the wages; (2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, a wage remuneration of not less than 200 percent of the salary shall be paid.

This is a general labor contract relationship, and if the contract stipulates the period, it cannot be unilaterally terminated, and if there is no contract agreement, it can be terminated at any time, and the provisions of the Labor Law on dismissal compensation do not apply.

Legal basis: Article 46 of the Labor Contract Law shall pay economic compensation to the worker under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer of a single foundation mill proposes to terminate the labor contract to the worker in accordance with the provisions of Article 36 of this Law, and terminates the labor contract with the worker through consultation;

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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other situations where laws and administrative regulations provide for travel.

Legal analysis: At the age of 65, he has reached the legal retirement age in China and has begun to enjoy basic pension insurance in accordance with the law. If a 65-year-old worker is dismissed by the employer, the employer is not required to pay any severance or compensation, let alone the standard of compensation.

Legal basis: Article 44 of the Labor Contract Law of the People's Republic of China The labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires; (2) The worker begins to enjoy basic pension insurance benefits in accordance with the law; (3) The laborer dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve it ahead of schedule; (6) Other circumstances where laws and administrative regulations provide for celebrations.

If an employer terminates the labor relationship with an employee (or dismissal or dismissal) and dismisses an employee, it can be compared to which of the following circumstances should be paid, and if the employer fails to pay economic compensation or compensation, it may apply for labor arbitration within one year to protect its 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, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it can be determined that the employer's behavior falls under the In the case of illegal termination of a labor contract as stipulated in Article 87 of the Labor Contract Difference Law, compensation shall be paid, that is, 2 months' salary shall be paid for each year of work, 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, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and the employee is not notified one month in advance, one month's salary shall be paid in lieu of notice, commonly known as n+1;3. If the employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or notice in advance; However, if the employer fails to do so, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.

Legal basis: Article 19 of the Labor Contract Law and Article 19 of the Regulations for the Implementation of the Labor Contract Law.

Those who are dismissed without signing a labor contract can be compensated with double wages. If the company has not concluded a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay twice the monthly salary to the employee. Legal basis:

Article 10 of the Labor Contract Law of the People's Republic of China stipulates that a written labor contract shall be concluded to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 82 If a pure 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 the employer violates the provisions of this Law by not concluding 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 be concluded.