1. If the employee is dismissed according to law, the employer shall pay economic compensation according to the employee's work-related injury years in the unit. Pay one month's salary every full year, and if it is more than six months but less than one year, it will be counted as one year; If it is less than six months, it shall pay economic compensation of half a month's salary to the laborer;
2. If the unit illegally lays off employees, it is illegal for the unit to unilaterally terminate the labor relationship, and the unit may be required to pay double economic compensation.
What are the rules for layoffs?
The provisions for layoffs are as follows:
1. The enterprise has undergone major changes and needs to be laid off to maintain the normal production and operation of the enterprise;
2. Judging from the relevant procedures of layoffs, as an employer, employees should be notified 30 days in advance, and their opinions should be accepted, and they can only be laid off after reporting to the labor administrative department;
3. If the company needs to increase employees within half a year after the employer lays off employees, priority should be given to the employees laid off before.
Legal basis: Article 41 of People's Republic of China (PRC) Labor Contract Law.
Under any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employer may lay off employees after explaining the situation to the trade union or all employees 30 days in advance and listening to the opinions of the trade union or employees.
(1) Conforming to the provisions of the Enterprise Bankruptcy Law;
(two) serious difficulties in production and operation;
(three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract;
(4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract.
When reducing 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 the unit;
(3) there are no other employees in the family, and there are elderly people or minors who need to support them.
If the employing unit reduces its staff in accordance with the provisions of the first paragraph of this article and recruits staff again within six months, it shall notify the retrenched staff and give priority to the retrenched staff under the same conditions.