Labor Law on the protection of the interests of workers when dismissing temporary employees

1.The employer shall not terminate the employment contract during the medical treatment period.

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:

3) Illness or non-work-related injury, within the prescribed medical treatment period;

2.If an employee is able to do his job after he or she has recovered from illness, the company may not dismiss the employee on this ground. Unless the person is unable to perform his or her original job after the expiration of the medical treatment period, he or she cannot engage in other work arranged by the employer.

The company can be dismissed, and the dismissal shall pay severance compensation. (capped at 12 months).

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;

3.Be clear about the nature of the person's contract. There is no concept of temporary workers in the Labor Contract Law.

So whether the person has signed a labor contract with the unit, and if so, it is a formal contract. If the contract is signed with a dispatch company, then it is the dispatch company that directly creates an employment relationship with him.

Of course, in any case, 15 years of continuous employment in a unit has met the requirements for signing an indefinite labor contract according to the new labor law. If the company does not sign a contract with the employee, the employee shall be paid twice the monthly salary from the date on which the indefinite employment contract should be concluded.

Article 82 Where an employer violates the provisions of this Law by not concluding an indefinite-term labor contract with a worker, it shall pay the worker twice the monthly wages from the date on which the indefinite-term labor contract should be concluded.

4.Endowment insurance is available when employees reach retirement age, and it is in the form of pensions, so it has nothing to do with the dismissal of employees by the unit.

Article 46 of the Labor Contract Law states that "under any of the following circumstances, the employer shall pay economic compensation to the employee:

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.

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.

During the period when the employee is sick due to illness, the employer shall not terminate the labor relationship, nor shall it compensate for the work. After the expiration of the medical treatment period, if the employee applies for the termination of the employment relationship, but there is no compensation. The maximum compensation for 15 years is 12 months' wages, and if the employee who illegally terminates the labor relationship is unwilling to perform his labor obligations, he or she may pay double the compensation.

After fifteen years, don't quit yourself.

1. Termination during the probationary period: If the employee is proved to be ineligible for employment during the probationary period, the employer may terminate the labor contract at any time.

2. Termination due to violation of discipline and regulations: If the employee seriously violates labor discipline or the rules and regulations of the employer during the probationary period, the employer may terminate the labor contract at any time.

3. Termination due to criminal offenses: If an employee is investigated for criminal liability in accordance with the law during the probationary period, the employer may terminate the labor contract at any time.

4. Termination due to consensus: If the employer terminates the labor contract by consensus of the parties to the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year according to the employee's years of service in the employer, up to a maximum of 12 months. If the working time is less than one year, severance shall be paid at the rate of one year.

5. Termination due to illness or injury: If a worker is sick or injured not due to work, and the labor appraisal committee confirms that he is unable to perform his original job or perform the work arranged by the employer and terminates the labor contract, the employer shall pay him a severance equivalent to one month's salary for each full year of service in the employer, and shall also pay a medical subsidy of not less than six months' salary. In the case of serious illness and terminal illness, the medical subsidy shall also be increased, and the increase in the amount of serious illness shall not be less than 50 percent of the medical subsidy fee, and the increase in the amount of terminal illness shall not be less than 100 percent of the medical subsidy fee.

6. Termination due to incompetence: If a worker is incompetent for the job and is still incompetent for the job after training or job adjustment, and the employer terminates the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the employer, not exceeding 12 months.

7. Termination due to change of circumstances: If there is a major change in the objective circumstances on which the labor contract was concluded, resulting in the inability to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through negotiation, and the employer terminates the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service according to the number of years of service in the employer.

VIII. Dismissal due to bankruptcy rectification: If the employer is on the verge of bankruptcy and undergoes statutory rectification or has serious difficulties in its production and operation and has serious difficulties and it is necessary to lay off its personnel, the employer shall pay severance according to the number of years the retrenched personnel have worked in the unit. For each full year of service in the company, severance equivalent to one month's salary is paid.

Special note: In this case, the employer must notify the labor union and the employee 30 days in advance of the termination of the labor contract. Where units hire personnel within six months, priority shall be given to hiring those who have been laid off.

When the labor union believes that the employer has violated laws, regulations and relevant contracts and requests a new study and handling, the employer shall study the opinions of the labor union and notify the labor union in writing of the result. Without the above procedures, the unilateral termination of the employer is invalid.

During the contract period, 1 month's salary will be compensated for every 1 year of late work, and this will be accumulated. If the employee is not notified one month in advance, another one month's salary shall be paid, and the compensation shall be calculated according to the average salary of the 12 months prior to the resignation.

One month's salary for each full year.

If the dismissal is in violation of the rules, double severance will be paid, and the dismissal can be negotiated but the severance will also be paid.