If the method is that workers protect their own interests through consultation and application for mediation, then it is illegal for the company to dismiss employees without compensation. The compensation paid by the employing unit for dismissing workers shall not exceed 12 months' wages.
What are the conditions for employers to lay off employees?
1. The employing unit conducts rectification in accordance with the provisions of the Enterprise Bankruptcy Law.
2. Serious difficulties occur in the production and operation of the employing unit.
3. Due to production changes, major technological innovations or adjustment of business methods, it is still necessary to reduce the number of employees after changing the labor contract.
4. Other major changes have taken place in the objective economic situation on which the labor contract was concluded, resulting in the inability to perform the labor contract.
What is the compensation standard for employees dismissed by the company?
1. If the employer dismisses the employee and terminates the labor contract, the employee will be paid one month's salary compensation after working in the employer for one year; If it is less than 1 year for more than 6 months, it shall be paid according to 1 year; Less than half a year, pay by half a month.
2. Pay no more than 12 months' salary at the longest.
Article 47 of the Labor Contract Law of People's Republic of China (PRC) * * * The economic compensation shall be paid according to the standard that the laborer pays one month's salary for each full year of working in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 77 of People's Republic of China (PRC) Labor Contract Law
If the legitimate rights and interests of workers are infringed, they have the right to ask the relevant departments to deal with them according to law, or apply for arbitration or bring a lawsuit according to law.
Article 78
Trade unions shall safeguard the legitimate rights and interests of workers in accordance with the law and supervise employers to perform labor contracts and collective contracts. If the employer violates labor laws and regulations, labor contracts and collective contracts, the trade union has the right to put forward opinions or ask for corrections; If a laborer applies for arbitration or brings a lawsuit, the trade union shall give support and help according to law.