Under what circumstances can the employer terminate an employee with more than 15 years of continuou

Employees with more than 15 years of continuous service" are basically no different from ordinary employees.

For employees who have been dismissed by the unit, the length of service that has not paid the basic pension insurance premiums before the dismissal will not be counted as continuous service years, and cannot be regarded as the number of years of payment.

After being dismissed from the employer, the previous years of service must be cleared, and can no longer be counted as the deemed payment period, but the actual payment period will never be cleared.

No, the length of service can be counted continuously after being dismissed from the unit.

Summary. Can an employee terminate the labor contract of an employee who has worked in the employer for 15 consecutive years and is less than 5 years away from the statutory retirement age? Legal Analysis:

If the employer has worked for 15 consecutive years and is less than 5 years away from the statutory retirement age, the employer cannot dismiss or lay off employees without fault. According to the Labor Contract Law of the People's Republic of China, if the employer has worked for the employer for 15 consecutive years and is less than five years away from the statutory retirement age, the employer shall not terminate the labor contract.

Can the employer terminate the employment contract of an employee who has worked for the employer for 15 consecutive years and is less than 5 years away from the statutory retirement age?

Can an employee terminate the labor contract of an employee who has worked in the employer for 15 consecutive years and is less than 5 years away from the statutory retirement age? Legal analysis: If the employer has worked in the unit for 15 consecutive years and is less than 5 years away from the statutory retirement age, the unit cannot be dismissed or laid off without fault.

According to the Labor Contract Law of the People's Republic of China, the employer shall not terminate the labor contract if the employer has worked continuously for 15 years and is less than five years away from the statutory retirement age.

Legal basis: Article 4 of the Labor Contract Law of the People's Republic of China If an employee has one 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: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is suspected of being an occupational disease patient during the period of diagnosis or medical observation; (2) Suffering from a work sickness or work-related injury in the unit and being confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.

More than 15 years of continuous service, it can be said that it is an old employee of a company, and in most cases it should be a middle-level leader, and many companies will not choose to dismiss such an old qualified employee, after all, such employees are more loyal to the company. In a way, loyalty is more valuable than ability, and perhaps the company has to fire such an old employee who has been working for more than 15 years for some reason. At this time, the company will definitely have to pay a sum of economic compensation.

Is there a cap on compensation?

According to the provisions of the Labor Contract Law, if the monthly wage of an employee 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of economic compensation shall not exceed 12 years.

Many people think that the upper limit of severance payment is 12 months, but in fact, this understanding is biased. Only when the company terminates the labor contract with the employee, the average salary of the employee in the previous 12 months is higher than 3 times the average monthly salary of the local employee in the previous year, and the monthly wage standard of severance is calculated at 3 times the average monthly salary of the employee in the previous year, and the maximum payment is 12 months.

Taking Beijing as an example, the average monthly salary in 2019 is 11,715 yuan, and the company terminates the labor contract with the employee in 2020, if the average salary of the employee in the 12 months before the termination of Hexin Jingtong is higher than 35,145 yuan, the employee can get economic compensation of 35,145 * 12 = 421,740 yuan.

According to the negative interpretation, if the average salary of the employee in the first 12 months is not higher than three times the average monthly salary of the local employee in the previous year when the company and the employee terminate the labor contract, there is no limit to the number of years of severance payment. In other words, the company will pay several months of severance to the employee for the number of years he or she has worked.

Taking Beijing as an example, the company terminates the labor contract with the employee in 2020, and the average salary of the employee in the first 12 months is less than 35,145 yuan, at this time, the employee will work for many years, and how many months of salary will be paid, assuming that the employee joins the work at the age of 18 and the company terminates the labor contract at the age of 60, the company will pay the maximum economic compensation of 1476090 yuan.

Summary: If the company terminates the labor contract with the employee, the amount of severance received by the employee must be limited, and it is impossible to pay a particularly large amount of severance payment. However, if the employee's monthly salary is higher than 3 times the average monthly salary of local employees in the previous year, the maximum number of years will be paid for 12 years, otherwise, the employee will have to pay the annual severance for how many years, and if he works in Beijing, he can get a severance of 1476090 yuan at most!

If the employee has worked for more than 15 years and terminates the labor contract, he can have economic compensation, and the premise is that he or she does not resign voluntarily. Only when the employer proposes to terminate the labor contract will Cong be compensated.

Yes, if the employee's salary in the 12 months prior to his departure is lower than the local minimum wage for 15 months, his severance will be 15 months' local minimum wage.

According to the provisions of China's law, if the two parties reach an agreement to terminate the labor contract, they will not be given corresponding compensation. It depends on the circumstances under which the employment contract is terminated.

The Labor Contract Law stipulates that after 15 years of service, it is an indefinite labor contract, and the dismissal of the employee requires compensation.

According to Article 42 of the Labor Contract Law of the People's Republic of China, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the employee falls under any of the following circumstances:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

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

(4) Female employees are pregnant, giving birth, or breastfeeding;

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

(6) Other circumstances provided for by laws and administrative regulations.

There is no provision for more than 15 years, but it does stipulate more than 10 years, so it is illegal for an enterprise with more than 15 years of service to dismiss employees.

There is no such provision, but the unit has to give a certain amount of compensation.

There are restrictions on the termination of an employment contract in the Employment Contract Law, depending on which of the following situations you fall into.

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:

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

Guangdong lawyer Hu:

The labor law clearly stipulates that employees who have worked for 10 years can ask the company to sign an indefinite labor contract with them, but it does not stipulate that the company cannot dismiss you, and you can only ask for economic compensation converted into one month's salary after one year of work.

You'd better hire a lawyer to provide you with legal help.

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According to the relevant provisions of the Labor Law of the People's Republic of China, an employer shall not terminate a labor contract due to the age and length of service of an employee. At the same time, according to the provisions of the Labor Contract Law, the employer shall notify the employee in writing 30 days in advance of the termination of the labor contract and pay the corresponding economic compensation. Therefore, if your employment contract does not violate relevant laws and regulations, the employer cannot unilaterally terminate your employment contract.

If I have worked continuously for more than 15 years and am less than 5 years away from the statutory retirement age, can my current employer terminate the contract?

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According to the relevant provisions of the Labor Law of the People's Republic of China, the employer shall not terminate the labor contract due to the employee's age, length of service and other reasons. At the same time, according to the Labor Contract Law, when terminating a labor contract, the employer shall notify the employee in writing 30 days in advance and pay the corresponding economic compensation. Therefore, if your employment contract does not violate relevant laws and regulations, the employer cannot unilaterally terminate your employment contract.

Legal basis: Article 14 of the Labor Law of the People's Republic of China stipulates that "an employer shall not unlawfully restrict the employment opportunities of a worker or dismiss an employee on the basis of non-vocational factors such as ethnicity, race, gender, religious belief, disability, etc."

Article 44 of the Labor Contract Law stipulates that if an employer terminates a labor contract in accordance with Article 43 of this Law, it shall notify the employee 30 days in advance and shall pay economic compensation. To sum up, the employer cannot terminate the labor contract due to the employee's age, length of service and other reasons, and if the labor contract is to be terminated, it shall notify in advance and pay economic compensation in accordance with the law.