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How to get compensation for dimission without fixed-term contract

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How to get compensation for dimission without fixed-term contract


        

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  • 2024-06-18 01:01:42

    There are two cases of compensation for dismissal of unfixed term labor contracts: first, the economic compensation for the negotiated cancellation shall be paid to the employee according to the number of years the employee has 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. 2、 If the employer unilaterally cancels or terminates the open-ended labor contract, it shall pay compensation to the worker in accordance with twice the economic compensation standard specified in the Labor Contract Law.
    Labor Contract Law
    Article 37 A worker may terminate his labor contract by giving a written notice to the employing unit thirty days in advance. The laborer may terminate the labor contract by notifying the Employer three days in advance during the probation period.
    Article 38 Under any of the following circumstances, a worker may terminate his labor contract:
    (1) Failing to provide labor protection or working conditions as agreed in the labor contract;
    (2) Failing to pay labor remuneration in full and on time;
    (3) Failing to pay social insurance premiums for workers according to law;
    (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
    (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
    (6) Other circumstances under which the labor contract may be terminated as stipulated by laws and administrative regulations.
    If the employing unit forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employing unit commands or forces the laborer to work at risk in violation of regulations, which endangers the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employing unit in advance.

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