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Whether the contract is not renewed upon expiration and the compensation for dismissal are the same

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Whether the contract is not renewed upon expiration and the compensation for dismissal are the same


        

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  • 2024-06-06 06:00:49

    1. Different. There are many different types of dismissal of employees during the contract period, including legal dismissal and illegal dismissal. Compensation or compensation are different.

    2. Compensation method for renewal of labor contract upon expiration of the contract: if the employer does not renew the labor contract on the basis of maintaining or improving the employee's treatment after the expiration of the labor contract, there is no compensation; otherwise, compensation is required, according to the standard of one month per year salary. If you are qualified to sign a contract with no fixed term, you have the right to ask to sign a contract with no fixed term. If the other party does not sign a contract, you can ask for compensation based on the salary standard of one year and two months.

    3. If the company is dismissed during the contract period, if it is really difficult for the enterprise to operate and meets the conditions specified in the Labor Contract Law, it will be compensated according to the salary of one month a year; If you are incompetent or unable to continue working in the enterprise due to non work-related injuries, you will be compensated one month a year. If the enterprise does not notify you one month in advance, you will need to pay an additional month's salary, which is often referred to as N1. If the enterprise cancels the labor contract in violation of the law, you will be compensated according to the salary standard of one year and two months. If it is less than half a year, it will be calculated according to the salary standard of one month. If it is more than half a year and less than one year, it will be calculated according to the salary standard of two months.

    [Legal Basis]

    Article 47 of the Labor Contract Law states that economic compensation shall be paid to workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary.

    If the monthly salary of a worker is three times higher than the average monthly salary of the employees in the previous year published by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation paid to the worker shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to the worker shall not exceed 12 years.

    The monthly wage mentioned in this article refers to the average wage of the laborer for the twelve months prior to the dissolution or termination of the labor contract.

    Xu***

    2024-06-06 06:00:49

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