(Continued from the 19th edition) Chapter III Dissolution and Termination of the Labor Contract Article 27 If the employee suffers from illness during the probationary period or is not eligible for work due to injury, or the employer is unable to perform the job, the employer may not be eligible for employment. Conditions to terminate the labor contract.
In accordance with the provisions of Article 40, Paragraph 3 of the Labor Contract Law, on the major changes in the objective situation, and the provisions of Article 41 on the reduction of personnel, the employer may cancel the labor contract of the laborer during the probation period.
Article 28 If there is one of the following circumstances as stipulated in the Labor Contract Law, the employer may cancel the labor contract with no fixed term with the laborer:
(1) The employer and the laborer agree;
(2) The laborer is proved not to meet the conditions of employment during the probation period;
(3) The laborer seriously violates the rules and regulations of the employer;
(4) The laborer seriously dereliction of duty, malpractice for personal gains, causing significant damage to the employer;
(5) The laborer establishes a labor relationship 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 make corrections after being submitted by the employer;
(6) Due to the first item of the first paragraph of Article 26 of the Labor Contract Law concerning the fraud or coercion of the laborer or the danger of taking the person, the employer enters into or changes the labor contract in violation of the true meaning, resulting in the invalidity of the labor contract. ;
(7) The laborer is investigated for criminal responsibility according to law;
(8) If the worker suffers from illness or is not injured by work, he or she cannot perform the original work after the prescribed medical treatment period, nor can he engage in work otherwise arranged by the employer;
(9) The laborer is not qualified for the job, and after training or adjusting the position, he is still not qualified for the job;
(10) The objective situation on which the labor contract was based was significantly changed, resulting in the failure to perform the labor contract. After the employer negotiated with the laborer, it was unable to reach an agreement on changing the content of the labor contract;
(11) The employer reorganizes in accordance with the provisions of the Enterprise Bankruptcy Law;
(12) Serious difficulties in the production and operation of the employer;
(13) The enterprise has changed its production, major technological innovations or adjustments to its business methods. After changing the labor contract, it is still necessary to reduce the number of personnel;
(14) Other major changes in the objective economic situation on which the labor contract was based were made, resulting in the inability to perform the labor contract.
Article 29 If there is one of the following circumstances as stipulated in the Labor Contract Law, the termination of the labor contract without a fixed term:
(1) The laborer begins to enjoy the basic pension insurance benefits according to law;
(2) The employee dies or is declared dead or declared missing by the people's court;
(3) The employer has been declared bankrupt according to law;
(4) The employer is revoked of the business license, ordered to close, revoked or the employer decides to dissolve in advance;
(5) Other circumstances as stipulated by laws and administrative regulations.
Article 30 In accordance with Article 40 of the Labor Contract Law, the employer may notify the laborer in writing 30 days in advance or pay the laborer one month's salary to terminate the labor contract. The employer chooses to pay the laborer for one month. For wages, the extra month's salary is determined according to the employee's monthly salary.
Article 31 If a labor contract with a certain work task is completed due to the completion of the task or the bankruptcy, dissolution of the employer, and the suspension of the business license, order closure or revocation, the employer shall comply with Article 47 of the Labor Contract Law. The prescribed economic compensation standard pays the laborer economic compensation.
Article 32 If an employer terminates or terminates the labor contract of an employee injured in work according to law, in addition to paying economic compensation to the employee in accordance with the provisions of Article 47 of the Labor Contract Law on economic compensation standards, it shall also comply with the relevant work injury insurance of the State. It is required to pay a one-off work-related medical subsidy and a disability employment subsidy.
Article 33 If the laborer fails to enjoy the basic pension insurance benefits according to the legal retirement age, the employer may terminate the labor contract; however, it shall pay the laborer in accordance with the provisions of Article 47 of the Labor Contract Law on economic compensation standards. Financial compensation.
Article 34 The certificate of termination or termination of a labor contract issued by an employer shall state the term of the labor contract, the date of termination or dissolution, the position of work, and the working years of the unit.
Article 35 If an employer violates the provisions of the Labor Contract Law to terminate or terminate a labor contract, it shall pay compensation to the laborer according to the provisions of Article 87 of the Labor Contract Law and twice the economic compensation standard.
If the employer pays compensation according to the provisions of Article 87 of the Labor Contract Law and twice the economic compensation standard, it will no longer pay economic compensation.
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