1. Can I be dismissed after signing a long-term labor contract?
Under normal circumstances, long-term contract workers can be dismissed. However, according to the provisions of Article 42 of the Labor Contract Law of People's Republic of China (PRC), the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the employee is under any of the following circumstances:
(1) The worker who is engaged in the operation exposed to occupational hazards fails to undergo the occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation;
(2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work;
(3) Being sick or injured non-work-related, and within the prescribed medical treatment period;
(four) female workers during pregnancy, childbirth and lactation;
(5) Having worked continuously in this unit for fifteen years and being less than five years away from the statutory retirement age;
(6) Other circumstances stipulated by laws and administrative regulations.
Two, the employer unilaterally terminate the labor contract.
1. The employer may terminate the labor contract at any time. According to the provisions of Article 25 of the Labor Law, the employer may terminate the labor contract at any time under any of the following circumstances:
A. It is proved that it does not meet the employment conditions during the probation period;
B, serious violation of labor discipline or the rules and regulations of the employer;
C, serious dereliction of duty, corruption, causing great damage to the interests of the employer;
D, being investigated for criminal responsibility according to law;
E. being reeducated through labor.
2. The employer needs to notify the employee in writing 30 days in advance to terminate the labor contract. According to the provisions of Article 26 of the Labor Law, in any of the following circumstances, the employer may terminate the labor contract by notifying the employee in writing 30 days in advance:
A, the laborer is sick or injured at work, and after the medical treatment expires, he can't engage in the original work or other work arranged by the employer;
B, the laborer is not competent for the job, and is still not competent for the job after training or job adjustment;
C. The objective conditions on which the labor contract was concluded have changed greatly, so that the original labor contract can't be fulfilled, and the parties can't reach an agreement on changing the labor contract through consultation. If the employer terminates the labor contract according to the above situation, it needs to pay economic compensation to the employee.
3. Economic layoffs. According to the provisions of Article 27 of the Labor Law, under any of the following circumstances, the employer may explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and report to the labor administrative department to reduce the number of employees:
1. The employing unit is on the verge of bankruptcy during the statutory rectification period;
B. There are serious difficulties in production and operation.
If the employer terminates the labor contract according to the above situation, it needs to pay economic compensation to the employee.
No matter whether the employer and the employee sign a fixed-term labor contract or a non-fixed-term labor contract, the employer can terminate the labor contract. It's just that the price you have to pay may be different. If the labor contract is dissolved illegally, economic compensation is needed, and if it is dissolved legally, it is not needed.