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1. When an enterprise dismisses an employee, the corresponding compensation is different according to the reason for the dismissal. Specify:
First, if an employee is dismissed without cause, the employer needs to pay double the economic compensation.
Second, if an employee is dismissed at the expiration of the contract, the employer needs to pay economic compensation.
Third, the unit needs to pay economic compensation for the economic layoffs and dismissal of employees.
Fourth, if the employee seriously violates the company's discipline, the employer does not need to pay compensation.
Fifth, if the employer dismisses the employee during the probationary period because he does not meet the employment conditions, the employer does not need to pay economic compensation.
Sixth, there is no financial compensation for employees who reach retirement age.
2. Legal basis: Labor Contract Law
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 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 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 a 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.
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 provided for in Article 47 of this Law.
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The subsidy for going down the well varies from province to province. The subsidies for the 8 o'clock, 4 and 0 o'clock classes are also different, and the subsidies for the 0 o'clock class are the highest.
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Hello, the coal miner can't afford not to pay the entry fee.
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The allowances and subsidies for workers under the national labor law are:
1) The allowances to compensate employees for special or additional labor consumption include: high-altitude allowance, underground allowance, mobile construction allowance, field work allowance, forest allowance, temporary subsidy for high-temperature work, island allowance, hardship meteorological station (station) allowance, microwave station allowance, temporary subsidy for plateau areas, cold storage low temperature allowance, field work allowance for grassroots auditors, and field allowance for post and telecommunications personnel.
Night shift allowance, middle class allowance, class (group) leader allowance, school class teacher allowance, three arts (dance, martial arts, wind music) staff subsidy, sports team class (team) cadre subsidy, public security police duty post allowance, sanitation personnel post allowance.
Radio and television antenna worker post allowance, salt industry post allowance, waste personnel post allowance, funeral special industry allowance, urban social welfare institution post allowance, environmental monitoring allowance, shelter and repatriation post allowance, etc.
2) Health care allowances include: health and epidemic prevention allowance, medical and health allowance, science and technology health care allowance, special health care allowance for employees of various social welfare institutions, etc.
3) Technical allowances include: special teacher allowance, scientific research allowance, worker technician allowance, traditional Chinese medicine old medicine worker technical allowance, special education allowance, etc.
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The state's regulations on early retirement for special types of work are: men must be at least 55 years old, and women must be at least 45 years old; Those who are engaged in underground, high-altitude, high-temperature, particularly heavy physical labor and other work harmful to their health, whether they are engaged in this kind of work or have been engaged in this kind of work, must meet one of the following conditions in order to handle it in accordance with Article 1 (2) of the "Interim Measures for the Retirement and Retirement of Workers".
1) Those who have been engaged in high-altitude or particularly heavy physical labor for a total of 10 years;
2) Engaged in underground and high-temperature work for a total of nine years;
3) Engaging in other work harmful to physical health for a total of 8 years.
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In the case of coal miners engaged in underground operations, the state stipulates that men who have worked continuously for 10 years or more can retire at the age of 55.
Basis: Article 1 of the "Interim Measures on the Retirement and Retirement of Workers" stipulates that workers in enterprises, public institutions, party and government organs, and mass organizations owned by the whole people shall retire if they meet one of the following conditions.
1) Men are at least 60 years old, women are at least 50 years old, and have worked continuously for 10 years.
2) Engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health, at least 55 years of age for men and 45 years of age for women, and having worked continuously for 10 years or more.
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Retirement depends on age, not on length of service. Male 60 years old, female 55 years old. before you can retire.
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Fifteen years will do, a state-run mine on our side.
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It depends on their actual working environment, and some formal ones are better. Private, generally do not use workers for too long, after a certain period of time will be dismissed! It is easy to suffer from silicosis, and mine owners are afraid of trouble! It's hard to say the specific lifespan!
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The normal average life expectancy in China is about 78 years old, and the average life expectancy of front-line workers in China's coal mines is generally 55-65 years old.
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I've been an underground worker for 17 years! 36 The whole body is sick! Arthropathy! Pulmonary tuberculosis! Ay! The general life span is not easy to say, more than 60 years! The main thing is that many underground workers are ruined!
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After working underground for 9 years, the file has detailed records, and it is possible to retire five years early, that is, if you are a man, you can retire at the age of 55.
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Those who have been engaged in special types of work for 10 years shall retire according to the age provisions for special types of work.
Employees who have been engaged in underground work and belong to special types of work, and are later transferred to the well to engage in ordinary work, as long as they have been engaged in special types of work for more than ten years, shall retire in accordance with the conditions of special types of work according to Article 1 (2) of the Interim Measures for Individual Retirement and Retirement.
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It is advisable to consult the local social security department for an authoritative answer for retirement.
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According to the provisions of the labor law, if the employee is during the medical treatment period, the employer shall not terminate the labor contract relationship with the employee, otherwise, it will be an illegal act.
Article 29 of the Labor Law of the People's Republic of China If an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:
1. Suffering from an occupational disease or being injured at work and confirmed to have lost or partially lost the ability to work;
2. Sick or injured within the prescribed medical treatment period;
3. Female employees are pregnant, giving birth, or breastfeeding;
4. Other circumstances stipulated by laws and administrative regulations.
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Depending on the circumstances, if the employer cannot terminate the labor contract during the statutory medical treatment period, or cannot engage in the original job or work arranged by the employer after the expiration of the prescribed medical treatment period, the employer may terminate the labor contract.
Legal basis: Labor Contract Law:
Article 40 In any of the following circumstances, the employer shall notify the worker in writing 30 days in advance or pay the worker an additional month's salaryIt is possible to terminate the employment contract:
(1) The worker is sick or injured not 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;
According to Article 2 of the notice of the Ministry of Labor on the issuance of the "Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees" (No. 1 9 9 4 4 7 9 of the Ministry of Labor).The medical treatment period refers to the time limit within which an employee of an enterprise may not terminate the labor contract due to illness or non-work-related injury, stop working, receive medical treatment and rest.
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No, you can ask for sick leave, and if you are dismissed directly, you can apply for labor arbitration at the arbitration commission where the employer is located, or you can go to the labor inspection department to complain.
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When a worker falls ill, the employer cannot directly dismiss him/her.
1. After the employee falls ill, he or she shall enjoy a certain period of medical treatment of up to 24 months, during which the employer shall pay sick leave pay. If the employment relationship is terminated during the medical treatment period, it is an illegal termination, and the employee may request to continue to perform the labor contract or pay compensation in accordance with the Labor Contract Law;
2. If the employee is sick and the medical treatment period is over, the employer may terminate the labor contract, but it needs to pay the employee severance and medical subsidies.
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Go to the local labor inspection department and they will help your father solve the problem according to the regulations!
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1) The company cannot be dismissed during the medical treatment period;
2) The medical treatment period is related to the period of working in the company, and the longer the working period, the longer the medical treatment period. Generally 3-24 months;
3) If you are still unable to work after the end of the medical treatment period, the employer may change your position, and if you are still unable to work, you can terminate the labor contract.
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If the working hours are seriously exceeded, they should be treated equally, and the working hours are all 8 hours, and the excess time is considered overtime. And it is also a dangerous type of work, and there should be a special allowance. But this is true for some realities.
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Referring to the relevant provisions of the National Standard of the People's Republic of China "Classification, Code and Standard Time Composition of Working Hours Consumption" (GB T14163-93), the standard time is composed of the operation time for completing the production work, the work relaxation time, the personal needs and rest relaxation time, and the preparation and end time. The time from the wellhead to the working face and the time from the working face to the upper wellhead should be regarded as the indirect man-hour consumption necessary to complete the production, that is, the operation relaxation time, and all working hours should include the transit time from the bottom of the wellhead to the exit of the wellhead. With regard to the calculation of wages for extended working hours, the relevant provisions of the Labour Law may be implemented on this basis.
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Our Jinjia mine has such a rule, underground workers shall not be less than 12 hours of underground work, shearers, not enough time to rest, how to calculate? Just ask.
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