The company wants to lay off people, and it happens that the contract is about to arrive, what shoul

Article 41 of the Labor Contract Law In any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the personnel reduction plan may be reduced after reporting to the labor administrative department: (1) reorganization shall be carried out in accordance with the provisions of the Enterprise Bankruptcy Law; (2) Serious difficulties occur in production and operation; (3) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode; (4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based. When reducing personnel, priority shall be given to retaining the following personnel:

1) Entering into a fixed-term labor contract with the unit for a longer period of time; (2) Entering into an indefinite labor contract with the unit; (3) There are no other employed persons in the family, and there are elderly or minors who need to be supported.

Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the retrenched personnel under the same conditions. If the company meets the above circumstances and lays off employees, it is within the scope permitted by law, and it may demand the payment of economic compensation for the illegal termination of the labor contract.

Severance payments can be claimed.

Summary. Hello, I am glad to answer for you, according to the provisions of the "Labor Contract Law", if the employer terminates the labor contract for one year without reason, the employee shall be given economic compensation according to the number of years of service in the unit, and Article 47 of the Labor Contract Law of the People's Republic of China shall pay one month's compensation after one year, and the economic compensation shall be paid to the employee according to the number of years the employee has worked in the unit and the wage standard of one month per year.

If you sign a one-year contract with the company and the company suddenly lays off employees, how to compensate?

Hello, I am glad to answer for you, according to the provisions of Xianshan's "Labor Contract Law", if a one-year labor contract is signed, and the employer terminates the labor contract without reason, the employee shall be given economic compensation according to the number of years of service in the unit, and Article 47 of the Labor Contract Law of the People's Republic of China shall pay one month's compensation after one year, and pay the economic compensation to the worker according to the number of years the worker has worked in the unit and the wage standard of one month per year.

If you are more than 6 months but less than one year, it will be counted as one year; If the period is less than six months, and the monthly wage of the worker is three times higher than the average monthly wage of the worker in the area where the employer is located in the municipality directly under the Central Government or the city divided into districts, which is not announced by the people of the previous year, the employee shall be given economic compensation equivalent to half a month's wage, and the standard of economic compensation to the worker shall be three times the average monthly wage, and the maximum period of payment of economic compensation to the worker shall not exceed 12 years.

1. According to Article 7 of the Labor Contract Law, the employee shall establish a labor relationship with the employer from the date of employment;

2. In response to the company's dismissal of you, if you are in the probationary period, according to Article 39 of the Labor Contract Law, if it is proved that you do not meet the employment conditions during the probationary period, the employer may terminate the contract;

3. If the employer wants to terminate the contract during the probation period, it needs to prove that you do not meet the employment conditions, which requires the employer to inform you of what is considered not to be eligible for employment when recruiting you, and the burden of proof lies with the company.

4. If you do not meet the above conditions, you can request the employer to pay compensation in accordance with Article 48 of the Labor Contract Law;

5. The amount of compensation shall be the average salary of the 12 months prior to the termination of labor relations multiplied by 2N (the standard for determining N is one month's severance for every year of service, and half a month's severance for less than 6 months);

6. According to your description, the company dismisses you on this ground, and you can claim compensation. You can choose to apply for a labor arbitration in Shenzhen or Beijing as your place of employment, and depending on your situation, it is recommended that you choose Beijing to apply for arbitration. Recommendation for action 1

Keep the written labor contract signed between you and the employer, and ask the company to issue a notice of termination of the labor contract to confirm the specific reasons for your dismissal; 2.If the employer arbitrarily terminates the contract without justifiable reasons, you can require the other party to pay twice the amount of the severance payment; 3.If the negotiation fails, you can choose to file a complaint with the labor inspection brigade or apply for labor arbitration, listing the actual employer and the labor dispatch company as co-respondents, and noting that the arbitration statute of limitations is one year; 4.

Only those who are not satisfied with the outcome of the arbitration can file a lawsuit with the court.

Resign decisively, your relationship with the company is just a simple employment relationship, and there is nothing wrong with it.

Don't think of workplace relationships as warm, you're not as important as you think.

When we first came out of school, we must have some beautiful fantasies about the workplace, and new employees are generally brought by old employees after they join the company. Generally speaking, in order for new employees to integrate into the collective faster, the company will also have a lot of spine finger team building activities, and new employees will definitely have a sense of belonging because they feel the cohesion of the company. And because many people will tell you that although you are just a newcomer, you are also an important member of the company, and you will feel that you suddenly resigned, sorry for the old employees who brought you, and sorry for the company's cultivation.

You don't have to think about it, you just need to do a good handover when you leave, and you don't have to feel any guilt, because there are many newcomers like you, and you are not one of them.

When the company doesn't want you, it will never consider whether it is right or not.

You are still a newcomer in the workplace, and if you leave, the early training will be in vain for the company, but the company will definitely not only train more newcomers, so there will be no big loss. But if one day, for some reason, the company doesn't want you anymore. Believe me, the company will not consider how many years you have been in this company, and giving you enough compensation is the most decent end to your employment relationship, but when you have worked in a company for many years, you are suddenly dismissed, and it is difficult to find a satisfactory job again.

My advice is that when you want to quit your job, just think about your own thoughts. If you do a good job of handover when you resign and work hard during your tenure, then you are worthy of the company.

"The contract expired this year, and the company did not renew the contract? Now layoffs" means that the company will not renew the contract when it expires, and inform the layoffs to terminate the labor contract? Or is your contract expired, the company did not renew it, and the company started to lay off employees after the contract expired for a certain period of time?

If the contract is terminated at the expiration of the first case, the principle of compensation: n (one month's salary for one year) Beijing needs one month's notice, otherwise one month's notice in lieu of notice will be paid.

Salary standard: average salary for the previous 12 months.

Basis: Article 44, Paragraph 1 and Article 47 of the Labor Contract Law of the People's Republic of China In the case of the second case, if the company has not gone through the renewal procedures for more than one month, it will pay double wages from the second day of the expiration date of the contract to the date of re-signing the labor contract. After signing the contract, the company will negotiate with you to terminate it, and at least N, the standard of n will be the same as above.

Your description is not very clear, that's all.

Dismissal for personal fault shall be carried out in accordance with Article 39 of the Labor Contract Law, and no compensation shall be paid.

If the employer dismisses the employee for reasons, he shall be paid compensation according to the number of years of service.

Labor Contract Law

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 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.

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.

If the employer terminates the labor relationship, it shall have a lawful reason, and if there is no lawful reason, it is an illegal termination, and it shall pay economic compensation to the labor;

If there is a legitimate reason, such as economic reasons that lead to the termination of the contract, the payment in lieu of notice and economic compensation shall be paid.

The contract does not expire, and the company can require the employee to work until the end of the contract.

At the end of the contract, the company does not need to compensate you. Compensation is only available in cases provided for by the Labour Code.

Article 23 of the Labor Law The labor contract shall be terminated upon the expiration of the term of the labor contract or the occurrence of the conditions for the termination of the labor contract agreed by the parties.

Article 24 A labor contract may be terminated upon the agreement of the parties to the labor contract.

Article 25 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) Serious violation of labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty or malpractice for personal gain, causing major harm to the interests of the employer;

4) Those who have been pursued for criminal responsibility in accordance with law.

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;

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 original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

Article 27 Where an employer is on the verge of bankruptcy and undergoing statutory rectification or has serious difficulties in its production and operation and it is truly necessary to lay off its personnel, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or the employees, and may lay off the personnel after reporting to the labor administrative department.

Where an employer lays off personnel in accordance with the provisions of this Article and hires personnel within 6 months, it shall give priority to hiring the personnel who have been laid off.

Article 28 Where an employer terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall give economic compensation in accordance with the relevant provisions of the State.