Legal analysis: not mandatory, but negotiable. The compensation for the dismissal (or termination of the labor contract) by the employer can be divided into three situations: 1. No economic compensation will be paid to the employee whose labor contract is terminated under the circumstances stipulated in Article 39 of the Labor Contract Law. Two, the employer in accordance with the provisions of the termination of the labor contract, in accordance with the provisions of Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the workers. Three, the employer in violation of the provisions of the termination of the labor contract, it shall pay compensation to the workers in accordance with the economic compensation standard of two times. Article 39 of the Labor Contract Law: Under any of the following circumstances, the employer may terminate the labor contract: (1) The employee is proved to be unqualified for employment during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law.
Legal basis: Article 39 of People's Republic of China (PRC) Labor Contract Law. In any of the following circumstances, the employer may terminate the labor contract:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.