According to the Labor Contract Law of People's Republic of China (PRC):
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.
Article 47? 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, economic compensation of half a month's salary shall be paid to the workers.
Extended data
Because the layoffs are caused by the employer and the employee is not at fault, the employee shall not be laid off if he meets one of the following four conditions:
(a) suffering from occupational diseases or work-related injuries and being confirmed to have lost or partially lost the ability to work;
(2) Being sick or injured within the prescribed medical treatment period;
(3) Female employees during pregnancy, childbirth and lactation;
(4) Other circumstances stipulated by laws and administrative regulations.
20 14 12 3 1, the State Council Legislative Affairs Office promulgated the Regulations on Staff Reduction in Enterprises (Draft for Comment). The opinion draft explicitly prohibits six types of layoffs, including female employees during pregnancy and employees suffering from occupational diseases in this unit.
Compared with the four types of situations stipulated in 1994 Regulations on Economic Layoffs of Enterprises, the scope of prohibiting layoffs in this opinion draft has been expanded to six types.
Compared with the provisions of 1994, it is forbidden to lay off employees in two categories: "workers exposed to occupational hazards did not undergo occupational health examination before leaving their posts, or suspected patients with occupational diseases were in the period of diagnosis or medical observation" and "those who have worked in their own unit continuously for 15 years and are less than 5 years away from the statutory retirement age".
Baidu encyclopedia-layoffs
Baidu Encyclopedia-People's Republic of China (PRC) Labor Contract Law