Current location - Recipe Complete Network - Catering industry - Should restaurants pay more for dismissing employees?
Should restaurants pay more for dismissing employees?

Legal analysis: employees who are dismissed without reason need to pay compensation, and the economic compensation is paid to the workers according to the number of years they have worked in this unit and the standard of paying one month's salary every year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. The monthly wage refers to the average wage of workers in the twelve months before the dissolution or termination of the labor contract.

Legal basis: Labor Contract Law of the People's Republic of China

Article 37 A laborer may terminate the labor contract by giving a written notice to the employer 31 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.

Article 38 If the employing unit is under any of the following circumstances, the employee may terminate the labor contract:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) failing to pay labor remuneration in full and on time;

(3) failing to pay social insurance premiums for workers according to law;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

(6) Other circumstances in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer can immediately terminate the labor contract without prior notice to the employer

Article 39 The employer may terminate the labor contract if the laborer is under any of the following circumstances:

(1) If it is proved that it 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.