How to compensate for the dismissal of formal employees by central enterprises

When a central enterprise dismisses a regular employee, it needs to decide how to compensate according to the reasons for dismissal: 1. If the employer proposes to terminate the labor contract through consultation, it shall pay economic compensation according to the number of years of service of the employee in the unit; 2. If the employer terminates the labor contract without reason, it is illegal to terminate the labor contract, and the employee may apply for labor arbitration to continue to perform the labor contract or demand payment of compensation.

First, how to compensate for the dismissal of formal employees by central enterprises

1, central enterprises need to decide how to compensate regular employees according to the reasons for dismissal:

(1) If the employer proposes and both parties reach a consensus to terminate the labor contract, economic compensation shall be paid according to the length of service of the employee;

(2) It is illegal for the employer to terminate the labor contract without reason, and the employee may apply for labor arbitration to continue to perform the labor contract or demand payment of compensation.

2. Legal basis: Article 47 of People's Republic of China (PRC) Labor Contract Law.

The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the 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, it shall pay economic compensation of half a month's salary to the laborer;

Article 87

If the employing unit dissolves or terminates the labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.

2. Under what circumstances can employees not be dismissed?

Employees cannot be dismissed as follows:

1. Workers exposed to occupational hazards did not undergo occupational health examination before leaving their posts, or suspected patients with occupational diseases were during diagnosis or medical observation;

2. Party B suffers from occupational diseases or work-related injuries in this unit and is confirmed to have lost or partially lost the ability to work;

3. Illness or non-work-related injury within the prescribed medical treatment period;

4. Female employees during pregnancy, childbirth and lactation;

5. Having worked continuously in this unit for fifteen years and less than five years from the statutory retirement age;

6. Other circumstances stipulated by laws and administrative regulations.