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What are the situations that enterprises do not need to pay economic compensation when they terminate labor contracts

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What are the situations that enterprises do not need to pay economic compensation when they terminate labor contracts


        

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  • 2024-06-14 13:01:04

    What are the situations in which an enterprise does not have to pay economic compensation to terminate a labor contract? During the performance of the labor contract, the employer terminates the contract according to Article 39 of the Labor Contract Law, without paying economic compensation; When the labor contract expires, if the employer maintains or improves the working conditions and the employee does not renew the contract, if the employee reaches the statutory retirement age and the contract is terminated, if the employee dies or the contract is terminated after the people's court declares death, no economic compensation shall be paid. According to Article 39 of the Labor Contract Law, if a worker has one of the following circumstances, the employer can terminate the labor contract: (1) it is proved that the employee does not meet the employment conditions during the probation period; (2) Seriously violating the rules and regulations of the employing unit; (3) Serious dereliction of duty or engaging in malpractice for selfish ends, causing major damage to the employing unit; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of his own unit, or refuses to correct after being proposed by the employer; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law. Article 44 stipulates that a labor contract shall be terminated under any of the following circumstances: (1) when the labor contract expires; (2) Workers begin to enjoy basic old-age insurance benefits according to law; (3) The worker dies, or is declared dead or missing by the people's court; (4) The employing unit is declared bankrupt according to law; (5) The business license of the employer is revoked, the employer is ordered to close down, or the employer decides to dissolve in advance; (6) Other circumstances stipulated by laws and administrative regulations. Specifically, the employer shall pay economic compensation to the employee in one of the following circumstances: (1) The employee terminates the labor contract in accordance with Article 38 of this Law; (2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law and reaches an agreement with the laborer to terminate the labor contract; (3) The employer terminates the labor contract in accordance with Article 40 of this Law; (4) The employing unit terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) The fixed term labor contract is terminated in accordance with Item 1 of Article 44 of this Law, except that the employer maintains or improves the conditions agreed in the labor contract to renew the labor contract, and the employee does not agree to the renewal; (6) The labor contract is terminated in accordance with the provisions of Items 4 and 5 of Article 44 of this Law; (7) Other circumstances stipulated by laws and administrative regulations.

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