2. If the reason for the termination of the labor contract by the unit conforms to the circumstances stipulated in Article 39 of the Labor Contract Law, no economic compensation or compensation is required;

3. If the reason for the termination of the labor contract is in line with the circumstances stipulated in the first paragraph of Article 40 and Article 41 of the Labor Contract Law, the unit shall pay economic compensation.

4. If the relevant compensation matters cannot be agreed with the unit, you can apply for labor arbitration within one year after being dismissed;

5. Legal basis:

1) labor contract law (revised on 20 12) article 39 if the employer unilaterally terminates (negligently terminates) the employee's labor contract, the employer may terminate the labor contract:

(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.

2) Article 40 of the Labor Contract Law (revised 20 12) is dismissed without fault, and 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.

3) Article 41 of the Labor Contract Law (revised 20 12) needs to reduce more than 20 employees or less, but it accounts for more than 10% of the total number of employees in the enterprise. The employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, report to the labor administrative department, it may reduce 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.

4) Article 46 of the Labor Contract Law (revised 20 12) is under any of the following circumstances, the employer shall pay economic compensation to the employee:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.

5) Article 87 of the Labor Contract Law (revised 20 12) Violates the Legal Liability for Dissolving or Terminating the Labor Contract. If the employing unit dissolves or terminates the labor contract in violation of the provisions of this law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this law.

6) Article 47 Calculation of Economic Compensation in the Labor Contract Law (revised on 20 12) The economic compensation shall be paid according to the standard that the laborer pays one month's salary for each full year of working in this unit. 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.

If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.

The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.