Since the implementation of the labor law, there has been no distinction between temporary workers and regular workers. They are all employees under the labor contract system, but the contract period is different and they enjoy equal rights. Because the reasons for dismissal are different, they enjoy different treatment.

1. If the laborer has a legal fault, the employer shall terminate the contract according to Article 39 of the Labor Contract Law without compensation. If losses are caused to the employer, the employer may demand compensation for part of the losses.

Two, the laborer has no legal fault, the employer shall pay economic compensation.

If the laborer has no legal fault, the employing unit may terminate the contract according to the provisions of Articles 36, 40, 41 and 42 of the Labor Contract Law, but it shall pay the economic compensation of one month's salary every year according to the working years of the laborer in the unit, and one year if it is over half a year but less than one year.

The wages for calculating economic compensation shall be calculated according to the average wages of the workers 12 months before the termination of the contract, including hourly wages, piece-rate wages, various subsidies and allowances, overtime wages, bonuses and wages paid under special circumstances. My salary is three times higher than the average salary of local employees, and it is calculated according to the average salary of local employees. If it is lower than the local minimum wage, it shall be calculated according to the local minimum wage.

Three, illegal termination of the contract, it shall pay compensation.

If the termination of the contract by the employing unit does not conform to the law, and the laborer requests to continue to perform the labor contract, the employing unit shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation at twice the economic compensation.

Labor Contract Law

Article 36 The employing unit and the employee may terminate the labor contract through consultation.

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

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(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 the employer refuses to correct it;

(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 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:

(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;

(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;

(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 cannot reach an agreement on changing the contents of the labor contract through consultation.

Article 41 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 employing unit may explain the situation to the trade union or all employees 30 days in advance, report the reduction plan to the labor administrative department after listening to the opinions of the trade union or employees, and may lay off 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.

Article 42 The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the laborer is under any of the following circumstances:

(1) The worker who is engaged in the operation exposed to occupational hazards fails to undergo the occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation;

(2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work;

(3) Being sick or injured non-work-related, and within the prescribed medical treatment period;

(four) female workers during pregnancy, childbirth and lactation;

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

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

General office of labor department

"Correct reply"

Lao ban fa [1996] No.238

First, whether to retain the term "temporary workers". After the implementation of the labor law, all employers and employees fully implement the labor contract system, and all types of employees enjoy equal rights in the employer. Therefore, the name of temporary workers relative to regular workers in the past no longer exists. Where an employing unit recruits temporary post personnel, it shall sign a labor contract with the employee, and establish various social insurances for them according to law, so that they can enjoy relevant welfare benefits, but the term of the labor contract may be different.