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How to compensate employees who leave due to company reasons

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How to compensate employees who leave due to company reasons


        

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  • 2024-06-17 14:00:47

    According to Article 48 of the Labor Contract Law, if the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract has been unable to continue to perform, the employing unit shall pay compensation in accordance with the provisions of Article 87 of this Law. Article 87 stipulates that if an employer 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. Article 47 stipulates 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. 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.

    Legal basis

    Article 48 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Legal Consequences of Illegally Terminating or Terminating a Labor Contract] If an employer terminates or terminates a labor contract in violation of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract has been unable to continue to perform, the employing unit shall pay compensation in accordance with the provisions of Article 87 of this Law.

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