Second, what are the circumstances of dismissing employees according to law?
1, dismissed during the probation period;
2, serious dereliction of duty, corruption, causing great damage to the interests of the enterprise employees were dismissed;
3. Dismiss illegal part-time employees;
4, fraud, coercion enterprises to conclude a labor contract to dismiss employees;
5. Dismiss employees who have been investigated for criminal responsibility;
6. Dismiss employees who are sick or injured at work and cannot engage in their original jobs or other jobs arranged by the enterprise after the prescribed medical treatment period expires;
7. Dismiss employees who are still incompetent after training or job adjustment;
8. Significant changes have taken place in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract. After consultation between the enterprise and the employees, it fails to reach an agreement on changing the contents of the labor contract and dismissing the employees concerned;
Companies don't necessarily dismiss employees just because labor contracts expire. It is possible that the employee has committed some serious violations of discipline or violated the China People's Congress and the China Criminal Law even when the labor contract has just expired. This is a situation that can be dismissed according to law. If not, everyone knows the economic compensation, and employees with different working years get different compensation.
Legal basis:
According to the Labor Contract Law of People's Republic of China (PRC)
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work 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.
Article 48 If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the laborer requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.
Article 87 Where an employing unit dissolves or terminates a 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.