If Party A takes advantage of Party B s small mistake to request the termination of the labor contra

It depends on the situation, there are probably several kinds:

First, if you are seriously at fault, the company does not have to compensate you. For example, serious violation of the rules and regulations of the employer; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; The employee establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

There are also some reasons: (1) the worker is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the prescribed medical treatment period has expired; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

If there are these reasons, you may not be compensated, but if there are other reasons, you will definitely have to be compensated.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

If A insists on saying that this is a mistake, it may cause him a loss.

Well, you argue that no loss has occurred at the moment. If the contract must be terminated, then it must be promised that the parties cannot claim compensation from the other party for the termination of the contract.

If the sale is not benevolent and the loss has not occurred, as long as the termination of the contract can be negotiated, there will be no problem of compensation.

Legal analysis: In the labor contract, if Party A is the company and Party B is the employee, and the company terminates the labor contract without cause, the economic compensation 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. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

Legal basis: Labor Contract Law of the People's Republic of China

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (1) the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; 2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; 3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; 4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; 5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract; 6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; 7) Other circumstances provided for by laws and administrative regulations.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Party B: Party A and Party B have signed a labor contract on XX-XX-XX, and Party B is now applying for termination of the labor contract. By mutual agreement, this Agreement is signed as follows:

1. From xx-xx-xx, the labor contract signed by both parties shall be terminated, and the rights and obligations of both parties shall be terminated; 2. Party B's salary has been paid in full from the date of resignation to the date of resignation. 3. Party A does not pay economic compensation piper mu. 4. Party A pays social insurance premiums for Party B

Article 36 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee reaches an agreement through consultation. Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract under any of the following circumstances: (1) Failure to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. Article 90 of the Labor Contract Law of the People's Republic of China If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation for Zen Nian.

The employer shall pay compensation for early termination of the labor contract:

1. During the labor contract period (if the employee is not at fault), the company unilaterally terminates the prudent contract, which is an illegal termination of the labor contract, and the company shall pay compensation equal to twice the amount of economic compensation.

2. If the company terminates the labor contract without notifying the employee 30 days in advance, it shall pay another one month's wages in lieu of notice. 3. Article 87 of the Labor Contract Law stipulates:

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay the employee compensation for filial piety in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

4. The calculation of severance is calculated as half a month within half a year, and as one month for half a year.

The relevant provisions of the Measures for Economic Compensation for Violation and Termination of Labor Contracts issued by the Ministry of Labor.

Article 5 Where the labor contract is terminated by the employer upon the consensus of the parties to the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the labor contract, up to a maximum of 12 months. If the working time is less than one year, severance shall be paid at the rate of one year.

If the employer unilaterally terminates the labor contract, the compensation will be different depending on the situation.

When an enterprise dismisses an employee, the corresponding compensation varies according to the reason for the dismissal.

If an employee is dismissed without cause, the employer needs to pay double the compensation of economic compensation. If an employee is dismissed at the expiration of the contract, the employer needs to pay economic compensation. The unit needs to pay economic compensation for the economic layoff and dismissal of employees.

If the employee seriously violates the company's discipline, the employer does not need to pay compensation. There is no financial compensation for dismissal during the probationary period because they do not meet the employment requirements.

Legal basis: Article 39 of the Labor Contract Law provides that the employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) Due to Article 26 of this Law.

The labor contract is invalid due to the circumstances specified in Item 1 of the first paragraph;

6) Those who have been pursued for criminal responsibility in accordance with law.

Compensation shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year.

In the labor contract, Party A is the company and Party B is the employee. If it is more than six months but less than one year, it shall be calculated as one year, and if it is less than six months, the worker shall be paid half a month's salary as economic compensation.

Labor contract, also known as labor contract, labor agreement. The labor contract is the basic legal form for adjusting the labor relationship, and it is also the basic premise for establishing the labor relationship between the employee and the employer, and occupies a core position in the labor law.

The term of the labor contract refers to the effective time of the labor contract, the time when the labor contract entered into by both parties begins and ends, and the time when the labor relationship is legally binding.

Legal basis

Labor Contract Law of the People's Republic of China

Article 2: [Scope of Application]This Law shall apply to enterprises, individual economic organizations, private non-enterprise units, and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers, and to conclude, perform, modify, dissolve, or terminate labor contracts.

The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law. Article 4 [Rules and Regulations] Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.