I have been working in sanitation for 20 years, and now I have been laid off, I would like to ask if

There are three types of situations in which an enterprise dismisses (dissolves or terminates the labor contract) whether or not to compensate the employee:

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.

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.

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.

Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

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.

1. If the employee reaches the age of retirement, then there is no subsidy.

2. If the employee has not reached the retirement age, then the employee can request the employer to pay economic compensation.

Legal analysis: When an enterprise dismisses an employee, the corresponding compensation is different according to the reason for the dismissal. Specify:

If an employee is dismissed without cause, the employer needs to pay double the compensation of economic compensation. If an employee is dismissed at the expiration of the contract, the employer needs to pay economic compensation. The unit needs to pay economic compensation for the economic layoff and dismissal of employees.

If the employee seriously violates the company's discipline, the employer does not need to pay compensation. There is no financial compensation for dismissal during the probationary period because they do not meet the employment requirements.

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 employer's rules and regulations violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under 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 violates rules and regulations by directing or forcing risky work to endanger 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 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, which has a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employing unit;

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 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 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.

After working for more than ten years, the sanitation worker was suddenly told that he was dismissed when he was old and that there was no compensation.

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Yes, in China, the labor law stipulates the rights and interests of workers and protective measures. According to the Labor Law of the People's Republic of China, employers are required to comply with certain procedures and provide corresponding compensation when dismissing employees. According to the labor law, if an employer dismisses a worker, it is required to give the worker one month's notice or pay one month's salary as financial compensation.

If the employee has worked continuously for more than 10 years, he or she shall also pay the corresponding economic compensation at the time of dismissal. The Labour Code also provides for special protective measures for older workers. According to Article 44 of the Labor Law of the People's Republic of China, enterprises and institutions shall not refuse to hire workers on the grounds of age, reduce the wages and benefits of workers on the grounds of age, or dismiss workers on the grounds of age.

Therefore, age cannot be grounds for dismissal. Legal basis: Termination notice period:

According to Articles 36 and 39 of the Labor Law, an employer shall give one month's notice or pay one month's salary as economic compensation when dismissing a worker. Compensation for employees who have worked continuously for more than 10 years: According to Article 43 of the Labor Law, if an employee has worked continuously for more than 10 years in the employer, he or she shall pay corresponding economic compensation when he or she is dismissed.

Prohibition of Age Discrimination: According to Article 4 and 14 of the Labor Law, enterprises and institutions shall not refuse to hire workers on the grounds of age, reduce the wages of workers on the grounds of age, quietly ride in welfare benefits, or dismiss workers on the grounds of age.