According to the provisions of Article 47 of the Labor Contract Law of People's Republic of China (PRC), economic compensation shall be paid to the workers according to the standard of one month's salary for each full year of work 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.
According to Article 25 of the Labor Law of People's Republic of China (PRC), the employer may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of labor discipline or the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the interests of the employer;
(4) Being investigated for criminal responsibility according to law.
Extended data
Referring to Article 41 of the Labor Contract Law of People's Republic of China (PRC), under any of the following circumstances, if it is necessary to reduce the number of employees by more than 20 or less, but it accounts for more than 10% of the total number of employees in the enterprise, the employer may explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, it may report the reduction plan to the labor administrative department:
(1) Conforming to the provisions of the Enterprise Bankruptcy Law;
(two) serious difficulties in production and operation;
(three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract;
(4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract. When reducing personnel, priority should be given to retaining the following personnel:
(1) Concluding a long-term fixed-term labor contract with the unit;
(2) Concluding an open-ended labor contract with the unit;
(3) there are no other employees in the family, and there are elderly people or minors who need to support them.
If the employing unit reduces its staff in accordance with the provisions of the first paragraph of this article and recruits staff again within six months, it shall notify the retrenched staff and give priority to the retrenched staff under the same conditions.
Referring to Article 42 of the Labor Contract Law of People's Republic of China (PRC), in any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:
(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.
According to Article 43 of the Labor Contract Law of People's Republic of China (PRC), if the employer unilaterally terminates the labor contract, it shall inform the trade union of the reasons in advance. If the employer violates laws, administrative regulations or the provisions of the labor contract, the trade union has the right to ask the employer to correct it. The employing unit shall study the opinions of the trade union and notify the trade union of the results in writing.
Referring to Article 46 of the Labor Contract Law of People's Republic of China (PRC), in any of the following circumstances, the employer shall pay economic compensation to the employee:
(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.
With reference to Article 27 of the Labor Law of People's Republic of China (PRC), if the employing unit is on the verge of bankruptcy for legal rectification or has serious difficulties in production and operation, it should 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 before it can reduce the number of employees. If the employing unit reduces its staff in accordance with the provisions of this article and employs the laid-off staff within six months, it shall give priority to the laid-off staff.
Sanshui District Federation of Trade Unions-People's Republic of China (PRC) Labor Contract Law
Yibin Urban and Rural Planning Bureau-People's Republic of China (PRC) Labor Law