People's Republic of China (PRC) labor contract law
Article 40? If the employee is dismissed without fault in 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.
What compensation items are there for enterprise demolition?
1, regional compensation price of land use right. The regional compensation price should be calculated according to the nature and service life of the occupied land, which is simply the compensation of the land use right.
2. The factory building is reset to the new price. Replacing a factory building with a new price means how much it will cost to rebuild it after replacement. If the house to be demolished is demolished, it will be replaced with a new one. The objective conditions in practice include buildings, structures and facilities. As long as it conforms to the fixed form of a regular factory, it should be calculated according to the house. In practice, the compensation price is different because of the different structure, width and height of the house. Some factories are temporary buildings with brick and wood structure, which may not meet the requirements of four walls, but they should be used for normal production and operation, and should be calculated according to the new price standard of building replacement in principle. Basically, there is an external fixed production of the factory building, so compensation can be made according to the replacement price of the factory building.
3. Loss of production or suspension of business. Losses and expenses caused by the demolition of enterprises due to suspension of production and business. Under normal circumstances, it is necessary to meet the business license, tax registration, tax records, actual business behavior, etc. in order to meet the conditions of production and operation of a normal enterprise workshop, so as to obtain a one-time loss of production and business suspension. There is another problem that needs to be reminded, that is, in practice, the registered address of many enterprises is inconsistent with the actual business address, which is not acceptable. Only when the registered address is consistent with the actual business address can the legal business entity be satisfied.
4. Decoration accessories. The attachment cannot be moved to the existing building, and the replacement fee is calculated. In practice, water pumps, transformers and mechanical equipment all belong to the scope of decorative accessories.
5. Machines and equipment. Machinery and equipment can be divided into movable and immovable. Non-movable machinery and equipment, like houses, should be replaced with new prices, and movable machinery and equipment should compensate for the relocation expenses.
6. Relocation expenses. Relocation expenses paid for all movable ancillary facilities and equipment.