How to compensate for the factory to terminate the indefinite contract without cause. 20

If the company unilaterally terminates the contract without cause, it has the right to claim compensation. The legal basis is as follows:

Labor Contract Law

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves 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 standard of economic compensation provided for in Article 47 of this Law.

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.

If the company has worked in the company for four years and the average company in the first 12 months of dismissal is 10,000 yuan, then the company should pay 80,000 yuan for illegally terminating the labor contract.

The standard of unemployment allowance is generally calculated according to the number of years of service without unemployment insurance, and one month's salary is compensated for each year of work.

When terminating an indefinite labor contract, the company shall pay compensation to the employee according to the number of years the employee has worked in the employer, and shall pay compensation to the employee at the rate of one month's salary for every full yard of life.

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 labor contract is terminated in violation of the law, the employee shall be paid compensation at twice the amount of the economic compensation.

Article 87 of the Labor Contract Law provides that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

Legal analysis: The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach of contract. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them.

Legal basis: Article 114 of the Civil Code of the People's Republic of China.

The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them. If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them. If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

First, the front. When a company fails, the company should pay compensation based on the actual number of years the employee has worked with the company. Companies should compensate rather than compensate.

The employee's economic compensation shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year. If it is more than six months but less than one year, and less than six months in one year, 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 economic compensation to be paid to him shall be three times the average monthly wage of the employee.

2. Analysis. An indefinite-term employment contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time. The term "indefinite termination time" here refers to the fact that there is no exact termination time for the employment contract, and the length of the employment contract cannot be determined, but it is not that there is no termination time.

As long as there are no conditions prescribed by law or agreed by both parties, both parties must continue to perform their obligations under the labor contract, and once the circumstances prescribed by law occur, the indefinite term labor contract can also be terminated.

3. What is the difference between an indefinite-term labor contract and a fixed-term labor contract?

1. The worker has worked for the employer for 10 consecutive years;

2. When the employer implements the labor contract system for the first time or the state-owned enterprise is restructured and re-buries the labor contract, the employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3. If the employer does not conclude a written labor contract with the employee for one year from the date of employment, the file shall be deemed to have entered into an indefinite labor contract with the employee.