1. If the employee is only sick, the employee is not at fault, the company dismisses the employee to reach retirement age, or the employee is incompetent, then the company needs to pay economic compensation.
2. If the employee is dismissed during the medical treatment period, the company needs to pay the employee double the economic compensation.
3. If an employee violates the provisions of Article 39 of the Labor Contract Law, the unit can dismiss the employee regardless of whether the employee is in the medical treatment period or not, and the unit does not need to pay economic compensation.
1. The legitimate reasons for dismissing employees are as follows:
1, proved to be unqualified for employment during the probation period;
2. Serious violation of labor discipline or rules and regulations of the employing unit;
3, serious dereliction of duty, corruption, causing great damage to the interests of the employer;
4. The laborer is sick or injured at work, and after the medical treatment expires, he can't engage in the original work or other work arranged by the employer;
5. The employee is not competent for the job, and is still not competent for the job after training or job adjustment;
6. Be investigated for criminal responsibility according to law.
Second, what is the legal process for the company to dismiss employees?
1. The decision maker shall submit an application for dissolution;
2. The personnel department shall fill in the Approval Form for Termination of Labor Contract and submit it to the supervisor for approval;
3. Notify departments and employees to handle the handover of work and return tools and equipment;
4, the relevant departments and employees for wages and benefits settlement and other outstanding matters, etc. ;
5. The employee shall sign the financial procedures for salary settlement and payment of economic compensation. If the contract is terminated through legal procedures, it does not need to bear the corresponding liability for compensation.
legal ground
Article 42 of the Labor Contract Law
Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Article 40 and Article 4 1 of this Law:
1. Workers engaged in hazardous operations did not undergo occupational health examination before leaving their posts, or suspected patients with occupational diseases were during diagnosis or medical observation;
2. Party B suffers from occupational diseases or work-related injuries in this unit and is confirmed to have lost or partially lost the ability to work;
3. Illness or non-work-related injury within the prescribed medical treatment period;
4. During pregnancy, childbirth and breastfeeding;
5. Work continuously in this unit for 15 years, less than 5 years before the statutory retirement age;
6. Other circumstances stipulated by laws and administrative regulations.
Article 48 of the Labor Contract Law
If the employer terminates or terminates the labor contract in violation of the provisions of this Law, and the employee 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.