Enquiring knowledgeable people Inquisitive education Hospital Treasury

What kind of compensation can be enjoyed when the labor contract is terminated?

home page

What kind of compensation can be enjoyed when the labor contract is terminated?


        

Submit answer
Favorable reply
  • 2024-06-14 07:01:01

    What kind of compensation can be enjoyed when the labor contract is terminated?
    What kind of compensation can be enjoyed when the labor contract is terminated? The labor relationship between the employer and the employee (or dismissal or dismissal) can be divided into the following three situations: 1. The employer and the employee have terminated the labor relationship without any legal reason, no economic compensation has been paid, and the employee does not have the situation specified in Article 39 of the Labor Contract Law, so the behavior of the employer can be identified as belonging to the Labor Contract Law In case of illegal termination of labor contract as stipulated in Article 87, compensation should be paid, that is, 2 months' salary should be paid for each year of work, commonly known as 2N; 2. If the employer terminates the labor relationship with the employee in accordance with Article 19 of the Regulations on the Implementation of the Labor Contract Law, and if it complies with Article 46 of the Labor Contract Law, it shall pay you economic compensation, that is, one month's salary per year of work, N; In accordance with Article 40 of the Labor Contract Law, if the employee has not been notified one month in advance, he/she shall also pay an additional one month's salary as payment in lieu of notice, commonly known as N+1; 3. If the employee has the situation stipulated in Article 39 of the Labor Contract Law and the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or notice in advance; However, this requires the employer to provide evidence and notify the worker in writing to terminate the labor relationship. Relevant legal basis: Article 39, 40, 46, 47, 87 of the Labor Contract Law, Article 19 of the Regulations for the Implementation of the Labor Contract Law, Article 39 of the Labor Contract Law of the People's Republic of China, the employer may terminate the labor contract if the employee has one of the following circumstances: (1) the employee is proved not to 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 40 Under any of the following circumstances, the Employer may terminate the labor contract after giving a written notice to the worker himself 30 days in advance or after paying an additional month's wages to the worker: (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 he engage in the work otherwise arranged by the Employer; (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. Article 87 If an employing unit cancels 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. Under any of the following circumstances, in accordance with the conditions and procedures specified in the Labor Contract Law, the Employer may terminate a fixed term labor contract, an unfixed term labor contract or a labor contract whose term is to complete a certain work task with the worker: (1) The Employer and the worker reach an agreement through consultation; (2) The laborer is proved to be unqualified for employment during the probation period; (3) The laborer seriously violates the rules and regulations of the employing unit; (4) The laborer seriously neglects his duty and engages in malpractices for selfish ends, causing great damage to the employing unit; (5) 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; (6) The employing unit concludes or alters a labor contract against its true intention by means of fraud, coercion or taking advantage of a person's difficulties; (7) Workers are investigated for criminal responsibility according to law; (8) The laborer is unable to engage in his original work or other work arranged by the employer after the prescribed medical treatment period expires due to illness or non work related injury; (9) The laborer is incompetent for his work and still is incompetent after training or job adjustment; (10) The objective conditions on which the labor contract is based at the time of conclusion have changed significantly, which makes it impossible to perform the labor contract, and the employer and the worker fail to reach an agreement on changing the content of the labor contract after consultation; (11) The employing unit reorganizes in accordance with the provisions of the Enterprise Bankruptcy Law; (12) The employing unit has serious difficulties in production and operation; (13) The enterprise has changed its production, made major technological innovation or adjusted its mode of operation, and still needs to reduce its personnel after changing its labor contract; (14) Other major changes in the objective economic conditions on which the labor contract is based at the time of conclusion result in the inability to perform the labor contract. Do you understand this explanation?

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):