Can employees who retire in four years be unilaterally dismissed???

According to Article 33 of the New Labor Law, "the change of the employer's name, legal representative, principal responsible person or investor, etc., shall not affect the performance of the labor contract. "It is concluded that the change of shareholders does not affect the performance of the employment contract.

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:

Paragraph 5: Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

Therefore, this behavior of the manufacturer is not legal.

Attached: 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 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent 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 the employees, it may reduce the number of personnel after reporting to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

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 personnel who have been laid off under the same conditions.

According to the provisions of the new labor 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:

Paragraph 5: Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

Therefore, this behavior of the manufacturer is not legal.

Is there a contract? No contract for nothing! Besides, if there is a subsidy or something, yes!

I can't cancel it! Ten years after retirement, you have to sign an indefinite contract!! If you don't sign, you will be legally responsible. Absolute!

Under normal circumstances, the employer cannot terminate the labor contract with an employee who retires after 4 years, but if the employer has poor management and is unable to continue to hire employees, it can also terminate the labor contract, but it needs to pay corresponding economic compensation.

1. Can the employer terminate the labor contract if the retirement unit is 4 years away?

Under normal circumstances, if you encounter this kind of problem, if you are less than 4 years of statutory retirement age, then you are not allowed to terminate the labor contract, but due to the poor management of the enterprise unit itself or the inability to hire, the employee, then the labor contract can also be terminated under special conditions, but for the employee who is about to retire for 4 years, if the labor contract is to be forcibly terminated, then more for the enterprise unit, it is necessary to pay a more economic compensation treatment.

For example, if the employee has worked in the workplace for 10 years, then he should receive 20 months of economic compensation, and if the local average social wage of 5,000 yuan is calculated, then 5,000 yuan for 20 months is basically an economic compensation of 100,000 yuan.

2. What is the process of unilateral termination of the contract?

1. A written notice of termination of the labor contract shall be prepared and served on the employee, and the notice of termination of the labor contract shall state the facts, reasons and evidence of the termination of the labor contract by the employer.

2. The labor union shall be notified of the reasons for the termination of the labor contract in advance. If an employer violates the law, administrative regulations, or the provisions of the labor contract, the trade union has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the outcome.

The termination of a labor contract by an employer is closely related to the interests of employees, and a trade union is an organization that safeguards the legitimate rights and interests of employees.

3. Issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and go through the procedures for the transfer of files and social insurance relations for the employee within 15 days.

4. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of the law, it shall be paid when the worker completes the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least 2 years for future reference.

Generally speaking, if you retire after 4 years, the employer cannot terminate the labor contract. To unilaterally terminate an employment contract, it is necessary to first formulate a notice of termination of the employment contract and serve it on the employee, and the reason, basis, facts and reasons for the termination of the contract shall be clearly stated in the notice. Then it is necessary to notify the labor union of the reasons for terminating the labor contract, and finally the labor and labor parties reach an agreement and issue a certificate of termination of the labor contract.

Summary. Hello dear! According to the provisions of the Labor Law, retirees still enjoy labor rights, and the employer may not unilaterally terminate the labor relationship because of their age, nor can they force them to leave their posts.

If the employer wants to dismiss the retiree, it must comply with the conditions and procedures for terminating the labor relationship stipulated by law, otherwise it will be regarded as an illegal act and may face legal liability. Before the retirement time of a retiree, the unit shall not dismiss him at will. <>

Hello dear! According to the provisions of the Labor Law, retirees are still entitled to labor rights, and the employer may not unilaterally terminate the labor relationship because of their age, nor can they be forced to leave their posts. If the employer wants to dismiss the retiree, Boqiao must meet the conditions and procedures for terminating the labor relationship as prescribed by law, otherwise it will be regarded as an illegal act and may face legal liability.

Before the retirement time of a retiree, the unit shall not dismiss him at will. <>

Hello! Article 41 of the Labor Law stipulates that: "A company that uses a letter to cover up a person shall not terminate a labor contract within the period of medical treatment prescribed by the employee due to his illness or injury not attributable to work."

Although retirees are older, they still belong to the category of workers, and their retirement status does not affect their labor rights. <>

I'm talking about being 57 years old now, 4 years away from the age of retirement, is the company's dismissal allowed by the labor law? In case of dismissal, how much should the company compensate.

Hello! According to Article 41 of the Labor Contract Law, an employer shall not terminate an employment contract within the prescribed medical treatment period due to an employee's illness or non-work-related injury. Although the retiree is older, he still belongs to the category of employees, and his retirement status does not affect his labor rights, and the employer may not unilaterally terminate the labor contract of the retiree.

If the employer terminates the labor contract in violation of the above provisions, the retiree may file a lawsuit with the labor arbitration institution or the court. If the employer violates the relevant regulations and terminates the labor contract of the retiree, the retiree may request the employer to pay economic compensation. According to the provisions of the Labor Contract Law, if the employer unilaterally terminates a fixed-term labor contract or an indefinite-term labor contract, it shall pay economic compensation to the employee.

If the employment contract of the retiree is an indefinite term employment contract, the employer shall pay the employee severance compensation for the monthly salary. However, the specific amount of economic compensation needs to be calculated according to the actual situation. <>