Legal analysis
Companies are not allowed to dismiss employees at will, and it depends on specific reasons to judge whether the dismissal is legal. If the unit terminates the labor contract illegally, it may demand to pay economic compensation. It depends on how long the employee has worked in the company, whether he has signed a labor contract or not, and whether he has purchased five insurances and one gold. If the employer fails to sign a written labor contract with the employee for more than one month and less than one year from the date of employment, the employer and the employee must participate in social insurance and pay social insurance premiums according to law. In addition, in any of the following circumstances, the employer may notify the employee in writing 30 days in advance or pay the employee an extra month's salary, and then terminate the labor contract: (1) The employee is sick or injured outside work, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires; (2) The employee is not competent for the job, and is still not competent for the job after training or job adjustment. (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
legal ground
Article 14 of the Labor Contract Law of People's Republic of China (PRC) is an open-ended labor contract, which means that the employer and the employee agree on an open-ended termination time. The employer and the employee may conclude an open-ended labor contract through consultation. Under any of the following circumstances, if the employee proposes or agrees to renew or conclude a labor contract, an open-ended labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract: (1) The employee has worked in the employer continuously for ten years; (2) When the employing unit implements the labor contract system for the first time or the state-owned enterprise is restructured and re-concludes the labor contract, the employee has worked in the employing unit continuously for ten years and is less than ten years away from the statutory retirement age; (3) Two fixed-term labor contracts have been concluded in succession, and the employee does not have the circumstances stipulated in Items 1 and 2 of Article 39 and Article 40 of this Law, and the labor contract is renewed. If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer has concluded an open-ended labor contract with the employee.