Is it a violation of labor law for a private company to dismiss an old worker because of business ef

An enterprise that lays off more than 20 employees or more than 10% of the total number of employees is called layoffs. An enterprise may terminate a labor contract on the grounds of economic layoffs, but the layoffs must be reported to the labor administrative department, and the situation must be explained to the trade union or all employees 30 days in advance, and opinions must be heard. You can find out if the redundancy in your unit has gone through the above procedures.

If not, then it is illegal for your employer to terminate your employment contract.

Financial compensation for redundancy:

Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer 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.

If you have worked for 25 years, you can claim compensation from your employer if you have an indefinite employment contract.

Illegal, you can retire after working for 15 years, why do you work for 25 years, find the industrial and commercial administration department to solve it, I deeply sympathize with you.

The dismissal of an employee is the termination of the labor contract, and the employee can apply for labor arbitration and apply to the Human Resources and Social Security Bureau.

Labor Dispute Mediation and Arbitration Law.

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

Article 29 Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that the conditions for acceptance are met, it shall accept the application and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.

Article 30 After accepting the arbitration application, the labor dispute arbitration commission shall serve a copy of the arbitration application to the respondent within five days.

After receiving a copy of the arbitration application, the respondent shall submit a statement of defence to the labor dispute arbitration commission within 10 days. After receiving the statement of defense, the labor dispute arbitration commission shall send a copy of the statement of defense to the applicant within five days. If the respondent fails to submit a statement of defence, it shall not affect the conduct of the arbitration proceedings.

It depends on what the reason is, if it is the employer's reason, you should pay compensation according to the actual number of years of service, you can bring evidence that can prove your labor relationship, apply to the labor department for settlement, and fight for your rights and interests.

If the contract is terminated due to reasons attributable to the employee, there is no compensation.

Legal analysis: The relevant provisions of the Labor Law shall not apply to the dismissal and re-employment of old employees, but shall be governed by the civil laws on employment relations. Retired employees are not covered by the Labour Code.

1. Is the injury of a retiree treated according to the labor relationship?

If a retiree who has already begun to receive a pension is injured in the workplace, it shall be handled as a labor relationship. If the retiree works again, the labor dispute shall be handled in the local people's court. The relationship established between the retiree and the employer is not an employment relationship, so the Labor Law, the Labor Contract Law, the Regulations on Work-related Injury Insurance and other labor security laws do not apply, and the people's court shall handle it as a labor relationship.

2. Is the rehired employee compensated for dismissal?

If a retired rehired person is dismissed, if he or she has already begun to receive basic pension insurance benefits in accordance with the law, there is generally no compensation, unless otherwise agreed between the parties in accordance with the law; If you have not yet started to receive basic pension insurance benefits, and there is still a lack of labor relations between you and the employer, you will be compensated for the dismissal without fault.

3. What should I do if the retiree's original unit does not pay medical insurance?

The solution to the retiree's original employer not to pay medical insurance is to pay for 25 years of medical insurance by himself.

According to the relevant provisions of the Labor Law, the employer must sign a labor contract with the employee and purchase insurance, so the purchase of social insurance is necessary and is a compulsory insurance, so if the company does not pay social insurance, it can negotiate with the employer to settle the problem, and if there is no result, apply for labor arbitration or report and complain to the local labor and social security department, which can be effectively resolved.

After reaching the retirement age, enterprise retirees can apply for medical insurance retirement, but the medical insurance payment period generally requires 20 to 30 years, which is longer than the pension insurance payment period. If you do not meet the requirements for the number of years of medical insurance payment, you will not be able to apply for medical insurance retirement. When retiring, pension retirement and medical insurance retirement are handled separately, if the payment period only meets the conditions for pension retirement, then you can only handle pension retirement first.

However, if the medical insurance payment period is insufficient, it is still allowed to make up the payment at one time, for example, if the medical insurance payment period is less than 10 years, then you can directly pay the 10-year fee and directly handle the medical insurance retirement, so as to enjoy lifelong medical insurance treatment. If you do not choose to make supplementary contributions, then you need to continue to pay annually until you reach the requirements of the years before retiring. Of course, if you give up the employee medical insurance, then you can not enjoy the employee medical insurance treatment, at this time you can choose to participate in the resident medical insurance, but compared with the employee medical insurance, the resident medical insurance needs to be paid every year, and the reimbursement ratio is also lower.

Legal basis: According to Article 2 of the Labor Law, this Law shall apply to enterprises, individual economic organizations and workers who have formed labor relations within the territory of the People's Republic of China. State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

According to Article 44, Paragraph 2 of the Labor Contract Law, the labor contract shall be terminated if the employee begins to enjoy the basic pension insurance benefits in accordance with the law.