Labor compensation for dismissal? How to compensate the employee for dismissal

First of all, you should clarify the reasons for the company's dismissal, if you do not meet any of the legal termination conditions stipulated in the Labor Contract Law (including Articles 39, 40, 41, and 44 of the Labor Law), then it is an illegal termination of the labor contract.

You will have the right to:1Ask the company to continue to hire you 2If you don't want to go back to work, or if it's impossible for the company to hire you (if the company goes bankrupt or dissolves), the company will need to pay you compensation.

The amount of compensation is equivalent to twice the amount of severance payment.

Severance is calculated based on the number of years of service and monthly salary, and each year of service corresponds to one month's salary. For example, if you have worked for nine years, then the severance payment is equal to nine times your monthly salary.

Monthly wages are the average wages of the 12 months preceding your dismissal; If the average wage is more than three times higher than the local average wage, it will be counted as three times (see Article 47 of the Labor Contract Law).

Addendum: If you are dismissed only for the reasons you described, it should be an illegal dismissal and you can claim compensation.

Compensation for termination of labor contract and compensation for termination of labor contract. The employment contract shall not be terminated without written notice.

There are three types of compensation for an employee who is dismissed (or terminated from the labor contract) by the employer:

1. If the labor contract is terminated under the circumstances specified in Article 39 of the Labor Contract Law, there shall be no economic compensation or compensation.

2. If the employer terminates the labor contract in accordance with the regulations, the employer shall pay economic compensation to the employee in accordance with Article 46 of the Labor Contract Law.

3. If the employer terminates the labor contract in violation of the regulations, it shall pay compensation to the employee at twice the standard of economic compensation. Article 39 of the Labor Destruction Contract Law stipulates that an employer may terminate a labor contract if an 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 damage 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 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 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 in agreement with the labor force;

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 raises 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 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 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. 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 stipulated in Article 47 of this Law.

Legal analysis: If the employee is terminated in violation of the law, then it is necessary to compensate the employee. If the employer notifies the employee in writing 30 days in advance that the employee is indeed not suitable for the position, then the employment contract can be terminated, and the compensation standard for dismissal will be based on the employer's regulations and related to the employee's wages.

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

Article 37 A worker 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.

Article 38 An employee 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 workers in accordance with the law, (4) The rules and regulations of the employer violate the provisions of laws and regulations, harming the rights and interests of workers, (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (6) Other circumstances in which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

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 the employee does not meet the employment requirements, (2) seriously violates the rules and regulations of the employer, (3) seriously dereliction of duty, engages in malpractice, and causes major damage to the employer, (4) the employee establishes labor relations with other employers 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, and (6) is investigated for criminal liability in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the worker in writing 30 days in advance or paying the employee an additional month's salary:

(2) The worker is incompetent for the job and is still incompetent for the job after training or job adjustment after the expiration of the prescribed medical treatment period, (2) the worker is incompetent for the job, and after training or job adjustment, he is still incompetent for the job, (3) the objective circumstances on which the labor contract is based have changed significantly, 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.