How To Compensate For Enterprises' Layoffs Without Cause?

Fortieth article

Under any of the following circumstances,

(1) if a worker is ill or injured, he or she can not engage in the original work after the prescribed medical treatment expires, nor can he engage in any work arranged separately by the employing unit.

(two) labourers are not competent for their jobs. After training or adjustment of jobs, they are still not competent.

(three) there is a major change in the objective situation on the basis of the conclusion of the labor contract, resulting in the failure of the labor contract to be fulfilled.

The forty-fourth contract shall be terminated in any of the following circumstances:

(1) the expiration of the labor contract;

(two) laborers begin to enjoy basic old-age insurance benefits in accordance with the law.

(three) the worker dies, or is declared dead or declared missing by the people's court;

(four) the employing unit is declared bankrupt according to law.

(five) the employer has been revoked the business license, ordered to close down, revoked or the employer decided to dissolve in advance.

(six) other circumstances stipulated by laws and administrative regulations.

Article forty-sixth. One of the following circumstances shall be paid to the employee by the employer.

(1) a laborer shall terminate his labor contract in accordance with the thirty-eighth provision of this law.

(two) the employing unit shall, in accordance with the provisions of the thirty-sixth provision of this law, propose to the laborer to terminate the labor contract and terminate the labor contract with the laborers through consultation.

(three) the employer shall terminate the labor contract in accordance with the fortieth provision of this law.

(four) the employer shall terminate the labor contract in accordance with the first paragraph of article forty-first of this law; {page_break}

(five) the employer shall terminate the fixed-term labor contract in accordance with the first provision of article forty-fourth of this law unless the employer maintains or improves the conditions stipulated in the labor contract, renews the labor contract, and the worker does not agree to renew the contract.

(six) termination of labor contracts in accordance with the fourth and fifth provisions of the forty-fourth articles of this law;

(seven) other circumstances stipulated by laws and administrative regulations.

The forty-seventh economic compensation shall be paid to the laborers according to the number of years worked by the laborers in their units, and the wages paid for one month per full year.

More than six months of less than one year, according to one year calculation; less than six months, pay half a month salary to the worker's economic compensation.

The monthly salary of laborers is higher than that of the Municipal People's Government of the municipality directly under the central government or the municipal district where the unit is located, and the monthly average wage of the workers in the region is three times higher than that of the local people's government. The standard of paying the economic compensation to the workers is three times the average monthly wage of the workers, and the maximum annual limit for paying the economic compensation to them is not more than twelve years.

The monthly wages mentioned in this article refer to the average wages of laborers twelve months before the termination or termination of labor contracts.

If the employing unit violates the provisions of this law to terminate or terminate the labor contract, and if the worker requests to continue to fulfill the labor contract, the employing unit shall continue to perform. If the worker fails to continue to fulfill the labor contract or the labor contract can not continue to perform, the employer shall pay in accordance with the eighty-seventh provision of this law.

Article eighty-seventh if an employer violates the provisions of this law to terminate or terminate the labor contract, it shall pay compensation to the laborer in accordance with two times the standard of economic compensation stipulated in the forty-seventh provision of this law.