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Is there any economic compensation for the termination of the contract by consensus between the company and the employee?

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Is there any economic compensation for the termination of the contract by consensus between the company and the employee?


        

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  • 2024-06-14 09:01:40

    Is there any economic compensation for the termination of the contract by consensus between the company and the employee? The company and the employee agree to terminate the contract. Is there any economic compensation? The company and the employee agree to terminate the labor contract without paying notice money. According to the Labor Contract Law, the need to pay notice money means that the termination of the labor contract complies with the provisions of Article 40 of the Labor Contract Law, The Employer may terminate the labor contract after notifying the laborer in writing 30 days in advance or after paying the laborer an additional month's salary. Under any of the following circumstances in Article 40 of the Labor Contract Law, the employer may terminate the labor contract 30 days in advance after notifying the worker himself in writing or paying the worker an additional month's wages: (1) The worker is sick or injured not at work and cannot engage in the original work after the prescribed medical treatment period expires, Nor can they engage in other jobs arranged by the employing unit; (2) The laborer is incompetent for his work and still is incompetent after training or job adjustment; (3) The objective conditions on which the labor contract is based at the time of conclusion have changed significantly, which makes the labor contract unable to be performed, and the employer and the worker fail to reach an agreement on changing the content of the labor contract after consultation. Article 46 Under any of the following circumstances, the Employer shall pay economic compensation to the laborer: (1) The laborer 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 consensus 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. Article 47 The economic compensation shall be paid to the 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 The company and the employee agreed to terminate the labor contract through consultation, without paying notice money in lieu. According to the Labor Contract Law, the need to pay notice money in lieu means that the termination of the labor contract complies with the provisions of Article 40 of the Labor Contract Law. After the employer notifies the employee in writing 30 days in advance or pays the employee an additional month's salary, The labor contract can be terminated. Under any of the following circumstances in Article 40 of the Labor Contract Law, the employer may terminate the labor contract 30 days in advance after notifying the worker himself in writing or paying the worker an additional month's wages: (1) The worker is sick or injured not at work and cannot engage in the original work after the prescribed medical treatment period expires, Nor can they engage in other jobs arranged by the employing unit; (2) The laborer is incompetent for his work and still is incompetent after training or job adjustment; (3) The objective conditions on which the labor contract is based at the time of conclusion have changed significantly, which makes the labor contract unable to be performed, and the employer and the worker fail to reach an agreement on changing the content of the labor contract after consultation. Article 46 Under any of the following circumstances, the Employer shall pay economic compensation to the laborer: (1) The laborer 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 consensus 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. Article 47 The economic compensation shall be paid to the 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. Put away this explanation. Do you understand?

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