What are the legal consequences of illegal dissolution or termination of labor contracts
Lawyer's analysis:
For illegal cancellation or termination Labor contract The legal consequences can be summarized as follows: First, if the employer illegally terminates or Termination of labor contract If the laborer chooses to claim to continue to perform the contract, the employer must unconditionally continue to implement the established process in accordance with the original labor agreement; Secondly, if the employee has not applied for renewal of the labor contract, or the labor contract has failed to achieve its original purpose and content, then the employer needs to labour law In terms of relevant provisions, pay workers the amount equivalent to compensation. It is worth noting that the so-called damages The amount is calculated on the basis of twice the economic compensation standard. According to the detailed provisions of the Labor Law, the economic compensation should be measured by the time workers serve in the enterprise. One month's compensation can be paid every full year wages By analogy, those more than six months but less than one year can also be regarded as a complete year, while those less than six months can be regarded as semi annual economic compensation.
Legal basis:
Article 48 of the Labor Contract Law: If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract has been unable to continue to perform, the employing unit shall pay compensation in accordance with the provisions of Article 87 of this Law.
Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the economic compensation standard specified in Article 47 of this Law.
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