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Should economic compensation be paid for cancellation through negotiation

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Should economic compensation be paid for cancellation through negotiation


        

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  • 2024-05-26 14:01:08

    The laborer needs to pay economic compensation when negotiating with the unit to terminate the labor contract.

    According to the Labor Contract Law, the employer shall pay economic compensation if it proposes to terminate the labor contract with the worker in accordance with the provisions of Article 36 of this Law and reaches an agreement with the worker to terminate the labor contract.

    [Legal Basis]

    In Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the worker in any of the following circumstances:

    (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.

    H***

    2024-05-26 14:01:08

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