The compensation or compensation standard for dismissing workers by employers has nothing to do with whether or not to pay social insurance to workers. Generally, it can be divided into the following three situations: 1. The employing unit can't terminate the labor relationship with the employee on a fixed basis, and the employee doesn't have the situation stipulated in Article 39 of the Labor Contract Law. It can be concluded that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and it should be compensated, that is, I pay my salary for two months every year of work, commonly known as 2n; 2. If the employer terminates the labor relationship with the employee according to the provisions of Article 19 of the Regulations for the Implementation of the Labor Contract Law, and if it complies with the provisions of Article 46 of the Labor Contract Law, it shall pay you economic compensation, that is, one month's salary for each year of work, n; In accordance with the provisions of Article 40 of the Labor Contract Law, if the employee is not notified 1 month in advance, he shall also pay 1 month's salary as payment in lieu of notice, commonly known as n+1; 3. The employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and if the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or advance notice; However, this requires the employer to provide evidence and notify the employee in writing to terminate the labor relationship.
Legal objectivity:
Article 45 of the Social Insurance Law: Unemployed persons who meet the following conditions receive unemployment insurance benefits from the unemployment insurance fund: (1) Before unemployment, the employer and I have paid unemployment insurance premiums for one year; (two) the employment is not interrupted because of my will; (three) registered unemployed and have job requirements. "Social Insurance Law" Article 48 During the period of receiving unemployment insurance benefits, the unemployed participate in the basic medical insurance for employees and enjoy basic medical insurance benefits. The basic medical insurance premiums payable by the unemployed are paid from the unemployment insurance fund, and individuals do not pay the basic medical insurance premiums.