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Anonymous users2024-02-11Of course. If she is dismissed, she can receive double economic compensation in accordance with Articles 46 and 47 of the Labor Contract Law, and can receive 24 months based on her average salary in the past 12 months; In addition, according to Article 40 of the Labor Contract Law, one month's salary shall be used as payment in lieu of notice; Then there is the monthly salary.
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Anonymous users2024-02-101) 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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;
6) Termination of the 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.
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Anonymous users2024-02-09Legal Analysis: At present, there is no law in China that stipulates that employees cannot be dismissed if they have worked for more than 10 years, so the statement that employees cannot be dismissed after working for more than 10 years is not true. If an employee is seriously derelict in his or her duties, commits malpractice for personal gain, causing major damage to the employer, the labor contract may be terminated in accordance with the law.
Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that the employee does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm 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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.
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Anonymous users2024-02-08Legal analysis: If the employee has worked for more than 10 years, if the employee has committed wrongdoing or other statutory circumstances, the labor relationship can be terminated. However, no matter how long an employee has worked in the company, the company cannot terminate the labor contract without cause.
Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China 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 requirements;
(2) Seriously violating the rules and regulations of the employer;
(3) Serious dereliction of duty, malpractice for personal gain, causing major harm 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 unit, or refuses to make corrections after being proposed by the employer;
(5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law;
(6) Those who have been pursued for criminal responsibility in accordance with law.
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Anonymous users2024-02-07Legal analysis: There is no law in China that stipulates that employees cannot be dismissed if they have worked for more than 10 years. If an employee is at fault, he or she can be dismissed.
Legal basis: Article 39 of the Labor Contract Law 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 requirements;
(2) Seriously violating the rules and regulations of the employer;
(3) Serious dereliction of duty, malpractice for personal gain, causing major harm 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 unit, or refuses to make corrections after being proposed by the employer;
(5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law;
(6) Those who have been pursued for criminal responsibility in accordance with law.
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Anonymous users2024-02-06According to the relevant laws and regulations, it is first necessary to determine the reason for dismissal, and the reason for dismissal determines whether severance or compensation is required. If the employer proposes to terminate the labor contract through mutual agreement, the employee shall be paid severance according to the number of years of service in the employer. If the employer dismisses the employee without cause, it is an illegal termination of the labor contract, and the employee may apply for labor arbitration to demand continued performance of the labor contract or to pay compensation.
Article 30 or Article 9 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm 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 unit, or refuses to make corrections after being proposed by the employer; (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. 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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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; 6) Termination of the 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.
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Anonymous users2024-02-05However, if the employee seriously violates the rules and regulations of the employer, seriously neglects his duties and causes serious damage to the employer, the employer may unilaterally terminate the labor contract and dismiss the employee.
Article 39 of the Labor Contract Law provides that an employer may terminate a labor contract if an employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes a labor relationship with the employer at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.
If the employee has worked for the employer for 10 consecutive years, the employer shall sign an indefinite-term employment contract with the employee unless the employee has a fixed-term employment contract, as long as the employee proposes or agrees to renew the employment contract. Therefore, working for more than ten years requires an indefinite employment contract.
Every day I feel like I'm about to be bent by her, I can't think of her if I'm fine, I don't feel guilty when I find her when I have something, my family and friends around me know her, and I mention her name directly when I mention it to others, and sometimes I have a tacit understanding to the point where I can communicate without even looking at each other, and I always do something to move each other.
Labor Contract Law of the People's Republic of China.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: >>>More
Except for the circumstances stipulated in Article 39 of the Labor Contract Law, the employer is not required to pay severance in other circumstances, and the form of compensation is different depending on the reason for termination. >>>More
Hello landlord, in China's employee welfare, social insurance is paid as a mandatory requirement, but the housing provident fund is not mandatory at present. But if your unit has begun to pay the provident fund, you can sign the labor contract with the unit can be written into the terms of the housing provident fund and social security together as employee benefits, or you can negotiate with the unit to apply for the unit to pay the housing provident fund for you, after all, your working experience is up to ten years, as long as the unit that opens the provident fund account, employees can have the right to apply for enjoyment, hope!