China Naming Network - Eight-character fortune telling - Is it legal for the company to dismiss employees and ask for personal reasons?
Is it legal for the company to dismiss employees and ask for personal reasons?
Legal analysis: illegal. Resignation application can't be signed, and there is no unemployment benefit if it is signed. Employers should pay attention to the fact that when enterprises change production, carry out major technological innovations or adjust their business methods, they cannot immediately lay off employees when this condition is applied. But to change the labor contract with the workers first, and then they can be laid off. If you lay off employees without changing the labor contract, it is also illegal to terminate the contract, and you need to bear the legal responsibility for illegally terminating the contract.
Legal basis: Article 50 of People's Republic of China (PRC) Labor Contract Law. The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for employees within 15 days. Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed. The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.