Social security compensation for employees dismissed by the company

Legal analysis: The Labor Contract Law of People's Republic of China (PRC) does not stipulate that the company needs to pay social security for three months when dismissing employees. Even if employees are dismissed illegally, they should be compensated according to their working years, which has nothing to do with social security. If the company has not paid social security to its employees before, it should pay the social security fees in arrears.

Legal basis: People's Republic of China (PRC) Labor Contract Law.

Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.

Article 38 A laborer may terminate the labor contract under any of the following circumstances:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (four) the rules and regulations of the employing unit violate the provisions of laws and regulations, and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.

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

(1) It is proved that it does not 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; (4) The laborer establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is caused by the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this 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 work or other work arranged by the employer after the prescribed medical treatment period expires; (2) After training or job adjustment, he is still incompetent; (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.