if the employee is dismissed legally, there is no compensation if he has legal fault; if he has no legal fault, he will pay one month's salary economic compensation every year according to the working years of the unit; if he is dismissed illegally, he will pay compensation twice as much as the economic compensation.

during the performance of the labor contract, the employer may unilaterally terminate the contract and dismiss the employee according to Articles 39, 41, 41 and 42 of the Labor Contract Law.

if the employee violates the law and discipline seriously, and the employer terminates the contract according to Article 39 of the Labor Contract Law, there is no compensation. Among them, the employer shall be liable for compensation for losses caused by laborers.

if the contract is dissolved in accordance with the provisions of articles 41 and 41 of the labor contract law, the employee shall be paid one month's salary economic compensation every year according to the working years of the unit, one year for those who have completed half a year and less than one year, and one year for those who have not completed half a year. Among them, if the contract is terminated according to the provisions of Article 41 of the Labor Contract Law, a written notice shall be given 31 days in advance or an extra month's salary shall be paid in lieu of notice.

if the dismissal of employees by the employer does not conform to the 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 can no longer be performed, the employer shall pay the compensation twice as much as the economic compensation.

if the employer dismisses or fails to pay economic compensation in accordance with the law, the employee may apply for arbitration of labor disputes to safeguard his rights.

Labor Contract Law

Article 39 The employing unit may terminate the labor contract under any of the following circumstances:

(1) It is proved that the employee does not meet the employment conditions during the probation period;

(2) seriously violating the rules and regulations of the employing unit;

(3) serious dereliction of duty and graft, which has caused great damage to the employing unit;

(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 refuses to correct after being put forward by the employer;

(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 41 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 31 days in advance or paying the employee an extra month's salary:

(1) The employee is sick or injured non-work-related, and can't take up his original job after the prescribed medical treatment expires, nor can he take up another job arranged by the employer;

(2) The laborer is not qualified for the job, and he is still not qualified for the job after training or job adjustment;

(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 fail to reach an agreement on changing the contents of the labor contract after consultation.

Article 41 In any of the following circumstances, if it is necessary to lay off more than 21 employees or less than 21 employees, but accounting for more than 11% of the total employees of the enterprise, the employing unit shall explain the situation to the trade union or all employees 31 days in advance, and after listening to the opinions of the trade union or employees, the staff reduction plan may be reported to the labor administrative department:

(1) Reorganization is carried out in accordance with the provisions of the enterprise bankruptcy law;

(2) serious difficulties occur in production and operation;

(3) The enterprise needs to reduce its staff after changing the labor contract due to the change of production, major technological innovation or adjustment of operation mode;

(4) The labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract was concluded.

When retrenching 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 this unit;

(3) There are no other employees in the family, and there are elderly people or minors who need to be supported.

if the employing unit reduces the number of employees in accordance with the provisions of the first paragraph of this article, and re-hires employees within six months, it shall notify the retrenched employees and give priority to recruiting the retrenched employees under the same conditions.

Article 42 The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 41 and 41 of this Law if the employee is under any of the following circumstances:

(1) The employee who is exposed to occupational hazards has not undergone occupational health examination before leaving his post, or the suspected occupational disease patient is under 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) Being sick or injured at work, within the prescribed medical treatment period;

(4) Female employees are in pregnancy, childbirth and lactation;

(5) Having worked continuously in this unit for fifteen years and less than five years before the statutory retirement age;

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