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Measures to dismiss temporary school employees
Legal subjectivity:

Reach the statutory retirement age, no compensation; Those who have not reached the statutory retirement age shall be determined according to the reasons for dismissal. I. Reaching the legal retirement age According to the second paragraph of Article 44 of the Labor Contract Law and Article 21 of the Regulations for the Implementation of the Labor Contract Law, the labor contract is terminated when the employee reaches the legal retirement age. According to Article 46 of the Labor Contract Law, there is no need to pay economic compensation. (1) If the laborer has a legal fault, the employer shall terminate the contract free of charge according to Article 39 of the Labor Contract Law. If losses are caused to the employer, the employer may demand compensation for part of the losses. (2) If 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 pay one year every year if it is over half a year but less than half a 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. (3) If the contract is terminated illegally, the employer 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. Article 36 of the Labor Contract Law: The employer and the employee may terminate the labor contract through consultation. Article 39 The employing unit may terminate the labor contract if the employee is under any of the following circumstances: (1) The employee is proved to be unqualified for employment during the probation period; (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 In case of 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 reduce the number of employees by more than 20 or less than 20, 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 may reduce the number of employees after listening to the opinions of the trade union or employees and reporting to the labor administrative department: (1) carry out rectification in accordance with 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 downsizing, 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 employee is under any of the following circumstances: (1) The employee who is exposed to occupational hazards fails to undergo 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. Article 44 The labor contract shall be terminated under any of the following circumstances: (2) The laborer begins to enjoy the basic old-age insurance benefits according to law; Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee 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;

Legal objectivity:

Article 36 of the Labor Contract Law of People's Republic of China (PRC) * * * The employer and the employee may terminate the labor contract through consultation. Article 39 of the Labor Contract Law of People's Republic of China (PRC) * * * In any of the following circumstances, the employer may terminate the labor contract: (1) The employee is proved not to meet the employment conditions during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer. Article 42 of the Labor Contract Law of People's Republic of China (PRC) is under any of the following circumstances, the employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law: (4) The female employee is pregnant, giving birth or breastfeeding; (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.