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Anonymous users2024-02-10If the person has legal fault, he or she may be dismissed, and if not, he may be dismissed.
If the employee is less than 3 years away from the statutory retirement age and has 40 years of service in the employer, according to Article 42 (5) of the Labor Contract Law, the employer shall not unilaterally terminate the labor contract unless the employee has the statutory fault specified in Article 39 and the employer may terminate the contract.
If the employer terminates the contract in violation of the law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the contract; If the employer does not require continued performance of the labor contract or the labor contract cannot be continued to be performed, the employer shall pay two times the severance payment, that is, two months' salary for each year of the unit's working years.
Labor Contract Law
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;
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 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.
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.
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.
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Anonymous users2024-02-09What does that mean, are you going to resign or the unit to fire you? What are you worried about? What do you think?
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Anonymous users2024-02-08If the employee has worked for the employer for 15 consecutive years before the statutory retirement for less than five years, the employer may not dismiss the employee.
If the labor contract is terminated at will, severance shall be paid. However, if the employee is seriously derelict in his duties or seriously violates the company's rules and regulations, the employer can terminate the labor contract with the employee.
According to the provisions of the Labor Contract Law, if an 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 in accordance with the law. But this is not absolute.
Whether an employee can be dismissed or not depends on whether the employee has violated the provisions of the Labor Law and relevant national laws, and if the employee has seriously violated the Labor Law, the employer can still dismiss him/her.
1. At the expiration of the contract, if the employee has worked in the employer for 15 consecutive years and is less than 5 years away from the statutory retirement age, the employer may not terminate the contract. This is to take into account the fact that old workers make a greater contribution to the enterprise, and their re-employment ability gradually decreases with age, which is also a protection for old workers.
2. At the expiration of the contract, if the employee has worked for the employer for 10 consecutive years and the employee proposes to sign an indefinite-term labor contract, the employer not only cannot terminate the relationship, but must also renew the indefinite-term labor contract.
3. When an employer implements the labor contract system for the first time or restructures a state-owned enterprise and re-signs a labor contract, the employer may not terminate the contract if the employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age, and the employee proposes to sign an indefinite labor contract. This is also done to protect the rights and interests of old employees.
4. At the expiration of the labor contract, if the female employee is pregnant, giving birth or breastfeeding, the employer may not terminate the contract. Female employees are in the third term, and under normal circumstances, the contract is extended until the expiration of the lactation period. The lactation period is 12 months, from the date of birth of the baby to the age of 1 year.
5. At the expiration of the labor contract, if the employee is sick or injured not due to work, the contract shall not be terminated within the prescribed medical treatment period.
Legal basis] Labor Contract Law of the People's Republic of China
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:
1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;
2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;
3) Illness or non-work-related injury, within the prescribed medical treatment period;
4) Female employees are pregnant, giving birth, or breastfeeding;
5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;
6) Other circumstances provided for by laws and administrative regulations.
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Anonymous users2024-02-07Companies generally cannot dismiss an employee who is unable to work due to sick leave. However, after the expiration of the medical treatment period, if the employee is unable to engage in the original job or other work arranged by the company, the company may dismiss the employee, but shall notify the employee in writing 30 days in advance or pay him notice in lieu of notice.
Article 40 of the Labor Contract Law of the People's Republic of China provides that under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary: (1) the employee is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (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. Article 42 of the Labor Contract Law of the People's Republic of China stipulates that 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 40 and 41 of this Law:
2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work; 3) Illness or non-work-related injury, within the prescribed medical treatment period; (6) Other circumstances provided for by laws and administrative regulations.
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Anonymous users2024-02-06Hello, you have reached the retirement age, but you are still working in the original unit, and you were dismissed by the department of Laxing when you got sick last year, and you can negotiate with the unit to ask for certain financial compensation. This economic bureau can only negotiate with both parties because they have reached retirement age. Hope it helps!
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According to Article 87 of the Labor Contract Law, if the employer dissolves or terminates the labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law. In addition, economic compensation shall be paid to the worker at the rate of one month's salary for each full year of service in the employer. 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. >>>More
If you don't want to do it there, you can ask for compensation, which is twice the amount of the severance payment, which is paid to the worker according to the number of years of service in the company, 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. You do it for two years, which means that there are two months of severance payment, and the compensation is twice the severance payment, so you can get four months of compensation.