Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 39 The employing unit 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 the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
? (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
? (1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
? (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.
Article 41 Under any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employing unit may explain the situation to the trade union or all employees 30 days in advance, report the reduction plan to the labor administrative department after listening to the opinions of the trade union or employees, and may lay off employees:
(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.
? At the same time, the Labor Contract Law stipulates that an enterprise cannot terminate the labor contract:
? Article 42 The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the laborer is under any of the following circumstances:
(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.
? Article 43 When an employer unilaterally terminates a labor contract, it shall notify 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.
It is illegal for an enterprise to terminate the contract at will, and it needs to bear adverse legal consequences: double compensation shall be paid according to Articles 87 and 47 of the Labor Contract 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.
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.
The difference between the formal employee contract and the temporary employee contract in public institutions is 1. Regular employees, that is, employees in public institutions, signed employment contracts and implemented them in 2002. This reform only writes the previous regulations into the law, that is, the Regulations on the Administration of Public Institutions, which stipulates that regular employees sign employment contracts with their units and establish personnel relations, that is, establish relations.
2. Temporary workers sign a labor contract (not an employment contract), and determine the employment relationship with the unit (not a personnel relationship), and the treatment shall be implemented in accordance with the labor law.
In addition to performance appraisal, can enterprises reduce the salary scale of employees at will? Under normal circumstances, enterprises should raise employees' wages year by year. If employees don't make mistakes, companies shouldn't cut their salaries casually.
The difference between formal employees and contract employees in state-owned enterprises is about 1993, and state-owned enterprises have successively reformed the employment system. Since then, all employees of state-owned enterprises have been changed to contract employees. This kind of contract staff is no longer formal or informal, only the length of the contract. Most of the original regular employees can sign one-time so-called "long-term contracts" with enterprises. If neither party changes voluntarily, the contract can last until retirement. There is also a contract employment with a time limit, such as three years or five years. When the employee who signed this contract with the enterprise expires, both parties may request to renew it or not.
However, whether it is a long-term contract employee or a limited-term contract employee, the treatment enjoyed during the validity period of the contract is exactly the same.
Can enterprises terminate labor relations with employees at will? Enterprises shall not terminate the labor contract relationship with employees at will. The termination of the labor contract must be carried out in accordance with the provisions of the labor contract law, and the termination of the employee's labor contract must meet the corresponding conditions stipulated in the labor contract law, otherwise it will bear the legal consequences of illegal termination of the labor contract.
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 39 The employing unit may terminate the labor contract if the employee is under any of the following circumstances: (1) The employee is proved to be unqualified for employment during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law. Article 40 In case of any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary: (1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires; (two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post; (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. Article 41 Under any of the following circumstances, if it is necessary to reduce the number of employees by more than 20 or less than 20, but it accounts for more than 10% of the total number of employees in the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and may reduce the number of employees after listening to the opinions of the trade union or employees and reporting to the labor administrative department: (1) carry out rectification in accordance with 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.
At the same time, the Labor Contract Law stipulates that an enterprise cannot terminate the labor contract:
Article 42 The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the laborer is under any of the following circumstances:
(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.
Article 43 When an employer unilaterally terminates a labor contract, it shall notify 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.
It is illegal for an enterprise to terminate the contract at will, and it needs to bear adverse legal consequences: double compensation shall be paid according to Articles 87 and 47 of the Labor Contract 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.
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.
After working in the company for 15 years, you should be able to sign an open-ended labor contract, and the company cannot terminate the labor contract without justifiable reasons.
Even if you are not an open-ended labor contract, the unit can't terminate it casually.
Article 39 The employing unit 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 the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(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.
Article 41 Under any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employing unit may explain the situation to the trade union or all employees 30 days in advance, report the reduction plan to the labor administrative department after listening to the opinions of the trade union or employees, and may lay off employees:
(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.
On the welfare of formal employees in enterprises. Yes, many enterprises sign labor contracts with employees only after they become regular employees. To sign a labor contract, you have to participate in social security, and some better enterprises have to buy commercial insurance for their employees.
Let me talk about social security first:
Migrant workers and agricultural registered permanent residence generally have only three insurances: industrial injury insurance, medical insurance and endowment insurance.
If it is a local urban hukou, in addition to the three insurances, maternity insurance and housing provident fund, unemployment insurance is also required.
Social security insurance individual contribution rate unit contribution rate total rate
Basic old-age insurance 8% 20% 28%
Unemployment insurance 0.5% 1.5% 2%
Basic medical insurance 2%+3 yuan (large amount) 9%+ 1% (large amount) 12%+3 yuan.
Industrial injury insurance. 0.3%- 1.6% (different rates are implemented according to the business scope of the license).
This is the contribution rate of employee pension insurance and medical insurance in Beijing, and other cities basically adopt similar practices.
Commercial insurance:
A better unit. Some even buy accident insurance for their employees. Or group critical illness insurance, team pension insurance, etc.
Can employees who have worked in the enterprise for 8 or 9 years be dismissed at will? When you say "dismissal at will", do you mean dismissal without reason?
If the enterprise dismisses the employee without reason, the employee can claim compensation from the enterprise according to law.
The Labor Contract Law of People's Republic of China (PRC) stipulates that:
molss . gov ./GB/ZT/2007-09/29/content _ 198892 . htm
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.
How to solve the housing accumulation fund 1 after the formal employees of state-owned enterprises terminate their contracts? When a new unit deposits the housing provident fund in the center of the central state organs, the procedures are as follows: the new unit informs the employees or their original units of the housing provident fund account number, and the original unit issues the Notice of Housing Provident Fund Transfer to the original unit for transfer.
2. If the new unit deposits housing provident fund in other sub-centers, the procedure: the new unit establishes housing provident fund accounts for employees and provides the Notice of Housing Provident Fund Transfer issued by its sub-centers, and the original unit issues the Notice of Housing Provident Fund Transfer to the original unit's housing provident fund handling outlets for transfer.
3. If no new unit is found, the original unit will transfer the individual housing provident fund account to the central state organ sub-center for centralized storage.
For the following units, housing accumulation funds must be established for employees: state organs, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises, institutions, private non-enterprise units and social organizations.
If your unit falls within the above scope, you must pay the provident fund. If not, you can complain to the local provident fund law enforcement department. However, at present, the implementation of the provident fund varies from place to place, and the amount of fines is not high. All enterprises would rather pay fines than provident fund.