I am 58 years old when my contract expires in December this year, can the unit dismiss me?

1. Article 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; This is indeed a reason, but you are 58 years old, according to the provisions of the Labor Contract Law, if you have signed two fixed-term labor contracts with the employer, the employer will have to sign an indefinite-term labor contract with you if you want to use you, unless you explicitly say that you will not sign an indefinite-term labor contract, which is the employer's obligation and it must abide by. So you see if you don't have this situation, if there is an employer who wants to want you, there must be a valid reason, not if you want to use it, you don't need it.

Third, there is no harm in dismissing you, because the unit has paid you social security, you can enjoy social security benefits after you retire, and the unit has to give you economic compensation, which is not a lot. Anyway, you will retire in two years at most, and there is nothing, and now the company does not provide for the elderly, fortunately, you will enjoy two more years of fun two years earlier than your life.

If you have served the company for more than 15 years, you cannot be dismissed before you retire

Article 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

According to Article 44 of the Labor Contract Law, the termination of an employment contract upon expiration of the employment contract is not a dismissal. Your age has no effect on the employer's legal termination of the employment contract.

Legal Analysis: The employer and the employee who are not in the labor slag can terminate the labor contract if they reach a consensus through consultation.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the labor lawyer shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Summary. Labor Law of the People's Republic of China Article 3 Workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

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Labor Law of the People's Republic of China Article 3 Workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy the social insurance of Pisen and the right to benefit from the Mu Ranqing, the right to submit labor disputes for settlement and other labor rights prescribed by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

If there is no reason, it will be regarded as illegal termination, and the employer shall pay compensation, which shall be paid at the rate of double economic compensation.

When I was 58 years old, I was dismissed from my labor contract, and there was no compensation.

Today, I went to the labor bureau to consult and said that there is no compensation for his age, and he will sue in court.

It's retirement. I don't have a retirement paycheck.

Then you can go to court and sue and ask the company for compensation.

Is there a reasonable reason for the company's dismissal?

I don't have a pension when I come out to work at such an age, so is it that when I am older, I have a three-year contract and no compensation if I am dismissed?

There should be compensation, but you need to go to court to sue.

I'm a cleaner who makes things difficult for me everywhere, and I'm a lot of people. There is no other way until the courts.

No, the Labor Bureau has found it, then you can only sue.

Is it past retirement age to sue in court? There is no compensation for not having passed the retirement age.

Yes. If you have not passed the retirement age, if you are not dismissed for a valid reason, there is compensation.

Summary. Hello, a 58-year-old employee can terminate the labor contract The employer and the employee can terminate the labor contract through negotiation.

Hello, a 58-year-old employee can terminate the labor contract The employer can terminate the labor contract if he or she agrees with the worker through negotiation on empty trousers.

Legal basis: Article 3 of the Labor Contract Law of the People's Republic of China shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall carefully perform the obligations stipulated in the labor contract.

Article 10 In order to establish a labor relationship, a written labor contract shall be concluded. If an employment relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employee is 57 years old, if the employee is rehired or re-employed after retirement, and the labor service agreement signed between the employee and the employer has not expired, the employer shall terminate the labor contract in accordance with the labor agreement. If there is a labor dispute between the worker and the employer, the worker may file a lawsuit in advance with the people's court where the employer is located in accordance with the law.

If the employee has not reached the retirement age and the employee has worked for the employer for 15 consecutive years and is less than five years away from the statutory retirement age, the employer shall not terminate the labor contract with the employee.

The statutory retirement age refers to the retirement age approved by the second meeting of the Standing Committee of the Fifth National People's Congress, the "Interim Measures on the Placement of Old, Weak, Sick and Disabled Cadres" and the "Interim Measures on the Retirement and Retirement of Workers" (Guo Fa 1978 No. 104). That is: workers in enterprises, public institutions, party and government organs, and mass organizations owned by the whole people

1) Men are at least 60 years old, women are at least 50 years old, and have a cumulative length of service of 10 years or more;

2) Men who are at least 50 years old or 5 years old, women who are at least 45 years old, and have a cumulative length of service of 10 years, are engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work that is harmful to physical health;

3) Men who have reached the age of 50 and women who have reached the age of 45 and who have worked for a total of 10 years, as certified by the hospital and confirmed by the labor appraisal committee, shall be allowed to retire if they have completely lost their ability to work.

Although you have worked for the company for 23 years, the Labor Contract Law of the People's Republic of China came into effect on January 1, 2008, and it has only been more than 7 years.

Therefore, I speculate that there is no indefinite term employment contract between you and the employer, in this case, if the performance period of the fixed-term employment contract between you and the employer expires, and the employer does not intend to renew the employment contract with you, then there is really nothing to be done, because the other party has not violated the law or breached the contract, and the performance period of the contract has expired.

The rights and obligations of the parties are terminated.

The other party has the right not to renew the employment contract.

However, if the employer and you do not renew the fixed-term labor contract, the other party shall pay you economic compensation in accordance with the provisions of Article 44, Paragraph 1, Article 46, Paragraph 5, Articles 47 and 97 of the Law, but your length of service shall be calculated from the date of implementation of the Law, and an additional month of economic compensation shall be paid for each year of service, half a month for less than half a year, and one month for more than half a year.

If you have worked for 18 years in a row, you are an old employee with a fixed long-term contract, and you can go to the local labor bureau to ask the labor bureau to support your request.