Is there any compensation for workers who are dismissed before the arrival of the new labor law?

No. Basis: Labor Contract Law of the People's Republic of China.

Article 97 Labor contracts that have been concluded in accordance with law before the effective date of this Law and that exist on the effective date of this Law shall continue to be performed; Paragraph 2, Paragraph 3 of Article 14 of this Law stipulates that the number of consecutive fixed-term labor contracts shall be counted from the time when the fixed-term labor contracts are renewed after the implementation of this Law.

Where a labor relationship has been established before the implementation of this Law and a written labor contract has not yet been concluded, it shall be concluded within one month from the effective date of this Law.

Where a labor contract existing on the effective date of this Law is dissolved or terminated after the effective date of this Law, and economic compensation shall be paid in accordance with the provisions of Article 46 of this Law, the period of economic compensation shall be calculated from the effective date of this Law; Before the implementation of this Law, if an employer is required to pay economic compensation to a worker in accordance with the relevant provisions at that time, it shall be implemented in accordance with the relevant provisions at that time.

Article 98: This Law shall take effect on January 1, 2008.

Question added: Question added: I joined the work in 78 years and was a regular employee of a collective enterprise unit.

In 95, he was transferred to this unit, worked in this unit for 12 years, and in 2007, the unit was restructured, and on December 29, 2007, the labor contract was terminated by the unit on the grounds of not renewing the joint use. After the original unit has completed its service after restructuring and buyout, can it be protected and compensated by the new labor law before the promulgation of the new labor law? Please give detailed instructions and instructions!

Thank you! I'm sorry to tell you that since it has been bought out, the new labor contract law cannot be used, because the new labor contract law will come into force on January 1, 2008. There is no way to do this, if the employer does not pay you social insurance for 12 years, you can apply for labor arbitration.

If the contract is terminated at the expiration of the contract and the unit does not renew it, it cannot claim economic compensation, because the labor contract law does not apply retroactively to 08 years.

However, if the employer terminates the contract, it can claim economic compensation, but it is based on the Measures for Economic Compensation for Violation and Termination of Labor Contract issued by the Ministry of Labor No. 1994 No. 481, not the Labor Contract Law.

The compensation standard is also one month's salary after one year of service.

No. The Labor Contract Law of the People's Republic of China came into force on January 1, 2008.

It depends on your specific situation, whether it is within the contract period, and if so, it is possible to request an indefinite contract.

No, because the contract has not arrived, it cannot be effective.

1. One month's salary shall be paid to the worker for each full year. where it is more than six months but less than one year, it is calculated as one year;

2. If it is less than six months, the worker shall be paid half a month's salary as economic compensation.

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1. During the probationary period, it is proved that they do not meet the employment conditions; Honorific.

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 employer, or refuses to make corrections after being proposed by the employer;

5. The labor contract is invalid due to the prescribed circumstances;

6. Being pursued for criminal responsibility in accordance with law.

Legal basis

Labor Contract Law of the People's Republic of China

Article 50 [Obligations of Both Parties after the Dissolution or Termination of the Labor Contract] 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. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference. Article 17 [Content of Labor Contract] The labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer that received the manuscript early;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that should be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

Legal Analysis: After the termination of the labor relationship, the severance shall be paid to the employee according to the number of years the employee has worked in the employer, and the employee shall be paid 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 as economic compensation.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer 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 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 employees 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 paying economic compensation to him shall be three times the average monthly wage of the local employees, and the maximum period of payment of economic compensation 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.