Can the "last-place elimination system" be used as a termination condition for a labor contract?

It is illegal for a company to terminate a labor contract through the "last elimination" method, and the employer needs to pay certain compensation to the resigned employees.

According to Article 47 of the "Minutes of the Eighth National Court Civil and Commercial Trial Work Conference", the employer shall unilaterally terminate the labor within the term of the labor contract through "elimination of the last position" or "competition for employment". Contract, if an employee requests the employer to continue to perform the labor contract or pay compensation on the grounds that the employer illegally terminates the labor contract, this will be supported; unless otherwise stipulated in the labor contract. Extended information

In accordance with the Labor Contract Law of the People's Republic of China, if any of the following circumstances occurs, the employer shall pay economic compensation to the employee:

(1) The employee The labor contract is terminated in accordance with the provisions of Article 38 of this Law;

(2) The employer proposes to the employee to terminate the labor contract in accordance with the provisions of Article 36 of this Law and reaches an agreement with the employee through consultation The labor contract is terminated;

(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 Article 41 of this Law; Clause 1 of Article 1 provides for the termination of the labor contract;

(5) Except when the employer maintains or renews the labor contract by improving the conditions stipulated in the labor contract and the employee does not agree to the renewal, the labor contract shall be terminated in accordance with Article 1 of this Law. Article 44: Termination of a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44;

(6) Termination of a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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(7) Other situations stipulated in laws and administrative regulations.

Baidu Encyclopedia-Labor Contract Law of the People's Republic of China