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How to compensate for the dismissal of over-age security guards?
There is no compensation.
When the laborer reaches retirement age, the labor contract and labor relationship are terminated, and the employer does not need to pay economic compensation.
Article 21 of the Regulations on the Implementation of the Labor Contract Law stipulates that the labor contract shall be terminated when the employee reaches the statutory retirement age.
Article 7 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases stipulates that if an employer has a labor dispute with an employee who enjoys pension insurance benefits or receives a pension according to law and brings a lawsuit in a people's court, the people's court shall handle it according to labor relations.
Second, the classification of dismissal
Enterprises should adhere to the principle of giving priority to education, supplemented by punishment, do ideological education well and help them correct their mistakes. Those who are still ineffective after education or administrative sanctions may be dismissed according to regulations.
1. negligent dismissal
It refers to the behavior of an enterprise that immediately dismisses its employees without giving 30 days' notice in advance when the workers are at fault. According to the provisions of China's labor law, negligent dismissal mainly includes the following situations:
(1) is proved not to meet the employment conditions during the probation period;
(two) a serious violation of labor discipline or the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) Being investigated for criminal responsibility according to law.
2. Notice of dismissal
It refers to the behavior that an enterprise dismisses its employees by giving 30 days' notice in advance or paying the payment in lieu of notice according to law. There are mainly the following situations:
(1) After the expiration of medical treatment, the laborer cannot engage in the original job or other jobs arranged by the unit;
(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 both parties cannot reach an agreement on changing the labor contract through consultation.
I arranged the above. Generally speaking, there is no compensation for over-age employees who are dismissed according to regulations. According to the regulations, the labor contract is terminated when the employee reaches retirement age, so if the unit dismisses the employee when he is over age, there is no need to pay compensation.
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