Poor Performance Appraisal, Forced Dismissal, Double Pay?

I have worked in a company for three years, but in the past half a year, the company's efficiency has been seriously declining. In order to reduce production scale and expenditure, the elimination system was introduced two months ago, and it was clearly announced by the notice: "there are 40 employees in the company's workshop, and the results are ranked in the top 20, and the rest are dismissed."

Because of my assessment results in thirty-fourth place, recently the company unilaterally forced the termination of the labor contract.

I asked the company to continue to fulfill the labor contract which still has 2 years' expiry. But the company did not accept it, so I asked the company to pay double compensation for the cancellation of the labor contract.

But the company does not agree that the company believes that the premise of paying double compensation is that the employer illegally terminates the labor contract, and I was dismissed because of poor performance.

Excuse me, is the company's statement correct?

The company's statement is wrong, and it must pay you double compensation.

The eighty-seventh provision of the labor contract law stipulates: "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."

The first paragraph of the forty-seventh paragraph of the law stipulates: "economic compensation is paid to laborers according to the number of years worked by the laborers in their units, and the wages paid for one month per full year.

Those who are less than six months old or less than one year shall pay the laborers half a month's wages in accordance with one year's calculation and those who are less than six months.

That is, the company must pay double to you according to your original salary standard in 3 months.

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On the one hand, the company's behavior is illegal.

The fortieth provision of the labor contract law stipulates: "in case of any of the following circumstances, the employer may notify the worker himself in writing or pay the employee one month's wages in advance thirty days, and may terminate the labor contract: (1)

Illness or non occupational injury can not engage in the original work after the prescribed medical treatment expires, nor can it engage in work arranged separately by the employing unit. (two) the worker is not competent for the work, and after training or adjustment of his post, he is still not competent for the work. (three) the objective situation on which the labor contract is concluded has undergone significant changes, resulting in the labor contract being unable to fulfill, and the employer and the laborer have not been able to reach an agreement on the content of the labor contract change through consultation between the employer and the laborer.

In this case, the company did not give written notice thirty days in advance, nor did it pay an additional month.

Although it is the result of the knock-out system, it does not mean that you are not qualified for the job, and there is no training or post adjustment.

Even if the company dismissals you because of a major change in the management situation, you must consult with the company first, but the company has not.

On the other hand, the company must pay double compensation.