How much notice is required to dismiss an employee, and how much notice is required to terminate an

Legal Analysis: 30 days' notice is generally required. If the company terminates the labor contract in accordance with Article 40 of the Labor Contract Law of the People's Republic of China, it needs to notify the employee 30 days in advance, otherwise it needs to pay the employee an additional month's salary as notice in lieu of notice.

If the labor contract is terminated by other means, it shall be executed in accordance with the provisions of the Labor Contract Law of the People's Republic of China, and compensation shall be paid to the employee if it is necessary to pay compensation or compensation, and it is not necessary to notify the employee one month in advance.

Legal basis: Labor Contract Law of the People's Republic of China

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the worker or paying the worker 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.

Resignation requires 30 days' notice to the employer, and the employee may terminate the 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.

Legal basis: Article 37 of the Labor Contract Law provides that an employee 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.

In the case of economic redundancy, the employee needs to be notified 30 days in advance, and the financial compensation needs to be paid. If it is not an economic layoff, double financial compensation will be paid regardless of how much notice is given to the employee.

Article 40 of the Labor Contract Law of the People's Republic of China.

No-fault dismissal 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: (1) the employee is sick or injured not due to work, and is unable to perform 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 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.

Article 41 of the Labor Contract Law of the People's Republic of China.

In any of the following circumstances, if it is necessary to lay off 20 or more employees, or less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the personnel reduction plan shall be reported to the labor administrative department, and the personnel may be reduced: (1) reorganization shall be carried out in accordance with the provisions of the Enterprise Bankruptcy Law; (2) Serious difficulties occur in production and operation; (3) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode; (4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

Legal Analysis:

Generally, 30 days' notice is required. If the company terminates the labor contract in accordance with Article 40 of the Labor Contract Law, it needs to notify the employee 30 days in advance, otherwise it needs to pay the employee an additional month's salary as payment in lieu of notice. If the labor contract is terminated by other means, it shall be executed in accordance with the provisions of the Labor Contract Law, and the compensation or compensation shall be paid to the employee, and the employee shall not be notified one month in advance.

Illegal dismissal is mainly manifested in three categories: 1. The factual basis for the dismissal of employees is insufficient; 2. The legal basis for dismissal of employees is inaccurate; 3. The operating procedures for dismissing employees are illegal. Disguised dismissal is also an illegal dismissal.

In practice, there is a large number of disguised termination of employment relations, and employers often want to terminate the employment relationship with employees for some reason, but are unwilling to pay economic compensation or compensation, so they do not directly dismiss employees, but adopt a disguised method. For example, if the employer's economic performance is not good, it gives some employees indefinite unpaid leave; Another example is to suspend an employee indefinitely on the grounds that the employee has violated discipline, and there is no pay during the suspension period.

Legal basis: Labor Contract Law of the People's Republic of China

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 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 circumstances provided for by laws and administrative regulations.

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.

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 term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Derivative question: Can an employee be fired for depression?

Employees with depression cannot be dismissed, because our country's "Labor Law" clearly stipulates that there is a medical device regulation for workers who are sick, so if they are still incompetent after this medical treatment period, they need to be transferred from their posts, and they are not directly resigned.

Legal analysis: Employees need to be notified 30 days in advance. If the employee is dismissed during the period of employment, the employer shall pay the worker economic compensation according to the number of years the worker has worked in the unit and the standard of 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 the worker does not disturb the field for six months, he shall pay the worker half a month's salary as economic compensation. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract. In addition to the above-mentioned circumstances, if an employer dismisses an employee, it is deemed to have terminated the labor contract illegally, and the employer shall pay compensation to the employee at twice the standard of economic compensation, that is, according to the employee's years of service in the employer, and the standard of two months' wages 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 employee shall be paid one month's salary compensation.

Legal basis: Labor Contract Law of the People's Republic of China

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he 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 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.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the worker or paying the worker an additional month's salary: (1) the worker suffers from a lax illness or is not injured due to work, and is unable to perform the 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 and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Legal Analysis] If the dismissal is without fault, for example, the employee is unable to perform the original job after the expiration of the prescribed medical treatment period after the employee is sick or injured non-work-related injuries, or there is a major change in the objective circumstances on which the labor contract is concluded, resulting in the inability to perform the labor contract, or the employee is incompetent for the job, in this case, the employer needs to notify the employee in writing 30 days in advance or pay the employee an additional month's salary, and the labor contract may be terminated. In the case of economic layoffs, it is necessary to explain the situation to the trade union or all employees 30 days in advance and pay economic compensation. Economic layoffs need to meet one of the following conditions:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law; (2) Serious difficulties occur in production and operation; (3) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode; (4) The labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

Legal basis: Labor Contract Law of the People's Republic of China

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the worker or paying the worker 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.

Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 employees but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, it may lay off the personnel after reporting the personnel reduction plan to the labor administrative department: (1) reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law; (2) Serious difficulties occur in production and operation; (3) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode; (4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based. When reducing personnel, priority shall be given to retaining the following personnel:

1) Entering into a fixed-term labor contract with the unit for a longer period of time; (2) Entering into an indefinite labor contract with the unit; (3) There are no other employed persons in the family, and there are elderly or minors who need to be supported. Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.