Must be announced/announced

The content is specific and clear, not quantitative, and it is difficult to determine the violation.

Rules and regulations that have not been formulated through democratic procedures generally cannot be used as a basis for terminating a labor contract.

It has not gone through democratic procedures, but the content is not illegal and there are no obviously unreasonable provisions. It has been informed/publicized and can be used as the basis for hearing labor dispute cases (Shenzhen Intermediate People's Court and Hunan High Court Judgment Guidelines)

Major economic damage (defined by rules and regulations)

Significant non-economic damage to goodwill, business management order, etc.

This unit does not prohibit it. As long as it seriously affects the completion of the unit's work tasks, it can be lifted.

This unit prohibits it. If it has been notified in advance/it has not been notified but requires correction, and refuses to correct, it can be terminated.

Standards: Labor contracts, rules and regulations clearly stipulate

Must have training/transfer behavior

Force majeure due to purely objective factors

Subjective judgments made by employers in response to various objective factors including changes in operating conditions, such as enterprise relocation, mergers, asset transfers, etc.

Simple operating losses or operating difficulties do not constitute "significant changes in objective circumstances"

1. Reorganization in accordance with the provisions of the Enterprise Bankruptcy Law

2. Serious difficulties occur in production and operation

3. If the enterprise changes production, makes major technological innovations, or adjusts its business methods, it still needs to lay off employees after changing the labor contract.

4. Other major changes in the objective economic conditions based on which the labor contract was concluded make it impossible to perform the labor contract.

Entering into a longer-term fixed-term labor contract with the unit

Entering into a non-fixed-term labor contract with the unit

There are no other employed persons in the family, and there are elderly people or minors who need to be supported.

If personnel are re-recruited within 6 months from the date of layoff, the laid-off personnel shall be notified and priority shall be given to recruiting the laid-off personnel under the same conditions.

Can be corrected before litigation

Failure to make corrections is illegal and compensation must be paid, but it does not affect the termination of the labor contract.

Legal retirement age: 60 years old for men, 50 years old for female workers, and 55 years old for female cadres

No need to pay financial compensation, compensation, payment in lieu of notice, etc.

Labor contract termination certificates should be issued to workers in accordance with the law

The transfer procedures for files and social security relations should be completed within 15 days in accordance with the law. If the processing is overdue or the refusal causes damage to the workers, they should bear the liability for compensation.

Handle the procedures for workers to receive unemployment insurance benefits in accordance with the law

If the employee is not notified in writing 30 days in advance, 1 month's salary must be paid in lieu of notice.

Pay financial compensation

Issue a certificate of termination of the labor contract in accordance with the law

The transfer procedures for files and social security relations should be completed within 15 days in accordance with the law. If the processing is overdue or the refusal causes damage to the workers, they should bear the liability for compensation.

Handle the procedures for workers to receive unemployment insurance benefits in accordance with the law

Pay financial compensation

Issue a certificate of termination of the labor contract in accordance with the law

The transfer procedures for files and social security relations should be completed within 15 days in accordance with the law. If the processing is overdue or the refusal causes damage to the workers, they should bear the liability for compensation.

Handle the procedures for workers to receive unemployment insurance benefits in accordance with the law

In practice, the conditions for continued performance are not met

Financial compensation

lost wages

Objectively, the conditions for continued performance are not met

The employee does not require continued performance of the labor contract

Compensation standard: 2 times the economic compensation

If the employer refuses to handle the application/delays the application due to breach of contract and causes economic losses to the employer, he shall be compensated.