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Compensation for dismissed employees

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Compensation for dismissed employees


        

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  • 2024-06-04 21:01:40

    If a worker is dismissed due to one of the following circumstances, the unit shall pay economic compensation to the worker:

    (1) The laborer is unable to engage in his original work or other work arranged by the employer after the prescribed medical treatment period expires due to illness or non work related injury;

    (2) The laborer is incompetent for his work and still is incompetent after training or job adjustment;

    (3) The objective conditions on which the labor contract is based at the time of conclusion have changed significantly, which makes the labor contract unable to be performed, and the employer and the worker fail to reach an agreement on changing the content of the labor contract after consultation.

    (1) The employing unit reorganizes in accordance with the provisions of the Enterprise Bankruptcy Law;

    (2) The employing unit has serious difficulties in production and operation;

    (3) The employing unit still needs to reduce its personnel after changing its labor contract due to production change, major technological innovation or adjustment of its business mode;

    (4) The labor contract cannot be performed due to other major changes in the objective economic conditions on which the labor contract was concluded.

    The economic compensation shall be paid to the workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary.

    If an employer illegally dismisses a worker, it shall pay compensation to the worker at twice the economic compensation standard.

    [Legal Basis]

    In Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the worker in any of the following circumstances:

    (1) The laborer terminates the labor contract in accordance with 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 reaches consensus with the laborer to terminate the labor contract;

    (3) The employer terminates the labor contract in accordance with Article 40 of this Law;

    (4) The employing unit terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

    (5) The fixed term labor contract is terminated in accordance with Item 1 of Article 44 of this Law, except that the employer maintains or improves the conditions agreed in the labor contract to renew the labor contract, and the employee does not agree to the renewal;

    (6) The labor contract is terminated in accordance with the provisions of Items 4 and 5 of Article 44 of this Law;

    (7) Other circumstances stipulated by laws and administrative regulations.

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