How to compensate for the termination of the labor contract due to illness after ten years of work?

Except for the circumstances stipulated in Article 39 of the Labor Contract Law, the employer is not required to pay severance in other circumstances, and the form of compensation is different depending on the reason for termination.

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.

1. "I want the employer to resign by himself": If your father can work, but he is forced to resign by himself, there will be no compensation.

2. If your father does not resign by himself: the employer has no right to terminate the contract with your father, unless your father can no longer engage in the original job and fails to reach an agreement with the employer on the change of the labor contract.

If your father is able to work in the original work unit but does not let him do it, or your father can no longer work in the original work unit and does not arrange a new job, the employer forcibly terminates the contract, which is an illegal termination of the contract.

3. If the employer illegally terminates the labor contract: you should be given double economic compensation to your father (the compensation for ten years of work is 10 months' salary, but 20 months' salary should be given when the contract is terminated illegally), in addition, if the unit does not notify your father 30 days in advance of the termination of the contract, you can also ask for one month's salary in lieu of notice.

The basis is Article 26 of the Labor Law: "If an employee is sick or injured not due to work, and is unable to perform his original job after the prescribed medical treatment period has expired, and fails to reach an agreement with the employer on the modification of the labor contract, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance." ”

A one-time compensation of ten months' salary.

If the employer takes the initiative to terminate the labor contract with the employee, the employer shall compensate the employee for one month's salary according to the employee's seniority in the unit for each year, up to 12 months, and you have worked in the unit for more than 10 years, and now the labor contract is terminated by the employer, you can compensate up to 12 months' salary.

The company pays you severance payment, one month of severance for one year of work in the unit, and 10 months of salary for 10 years. Plus one month in lieu of notice, and if the company pays you unemployment insurance benefits, you can receive unemployment benefits until you find a new job. In addition, it should be noted that if you have worked in a company for more than 10 years, you should be deemed to have signed an indefinite labor contract with the company, and the company cannot dismiss the employee if it is not due to the employee's reasons.

Unless the employee has seriously violated the company's rules and regulations, or the company is facing major changes such as bankruptcy and reorganization.

If you have worked for more than 10 years and your contract is terminated, if you want to get compensation, you can negotiate with the company, and if the negotiation fails, you can solve it through labor arbitration.

First of all, whether the employee is grossly negligent. For more than 10 years, it is an indefinite contract. In the event of termination, the employer shall give 30 days' notice or pay an additional month's salary.

In addition, you can claim severance and severance payment, which is calculated as half a year if you have worked for one year, one month, less than half a year, and more than half a year, less than one year. In other words, if the employee is dismissed without fault, according to what you said, the employer can claim more than ten months of economic compensation.

According to the Labor Contract Law, if the contract is terminated after more than 10 years of service, the company should compensate you for 10 months' salary.

If there is a labor law, first communicate with the company, and if it fails, then find the Arbitration Committee of the Fendong Bureau for arbitration.

If the labor contract is terminated by the enterprise after 10 years of work, then the employee must claim the corresponding compensation from the enterprise in time, generally n + 1 times the economic compensation, n represents the employee's working years, so if he has worked in the enterprise for 10 years, then he will also get an unknown economic compensation, but if the enterprise directly dismisses the employee without giving any compensation, then the employee can directly go to the labor bureau to complain, and apply for arbitration, and ask the enterprise to compensate.

Many enterprises will communicate with employees before dismissing employees, and then agree to the economic compensation of the enterprise before choosing to be dismissed by the enterprise, that is also a part, the enterprise does not have any morality at all, only interests in the eyes, once the interests of the enterprise are found, the issuance is to find various reasons to directly fire the employee, which is not fair to the old employee at all, and can directly sue the court to apply for economic compensation.

When suffering from unfair treatment, on the one hand, you can directly go to the labor bureau to complain, in this regard, you can consult with the relevant lawyers, and then carry out legal prosecution, in short, do not choose to blindly compromise and tolerate, after all, an employee has worked in the enterprise for ten years, and has also paid a lot of effort for the enterprise, then the enterprise should give the employee corresponding economic compensation when terminating the labor contract, which is also a clear requirement and provision of the labor law.

Now the law is becoming more and more perfect, and the interests of workers have been protected, so in the face of unfair treatment by enterprises, do not choose to compromise and give up, but to protect their rights and interests through formal channels, do not go directly to the enterprise to make a big noise, so that the application for compensation will cause contradictions, and the conflict between the enterprise should be resolved directly by legal means, if the enterprise does not perform the corresponding economic compensation after winning the lawsuit, you can also apply to the court for enforcement.

If an employer dismisses an employee for more than 10 years, it is required to pay double the severance to the employee as compensation, which is 20 months' salary.

If the labor contract is terminated immediately, it is also necessary to pay another month's salary as notice in lieu of notice, because the company is illegally terminating the labor contract, it shall pay economic compensation to the employee, and the monthly salary of the employee is higher than three times the average monthly wage of the employee in the region announced by the municipal people** set up by the municipality directly under the Central Government where the employer is located, and the standard of paying economic compensation to him shall be three times the amount, and the maximum number of years of economic compensation shall not exceed 12 years.

You need to submit your personal materials to the relevant department, and then apply for certain compensation.

Legal Analysis: The compensation for the termination of the contract after more than 10 years of work is as follows:

1. The economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the worker's working life in the unit;

2. If it is more than six months but less than one year, it will be counted 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.

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

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.

The compensation for the termination of the contract after more than 10 years of service is as follows:

1. The economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of one month's salary for each full year;

2. If it is more than six months but less than one year, it will be 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 an employee in the Benbu area in the previous year as announced by the people of the municipality directly under the Central Government or the city level 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 worker, and the maximum period of severance shall not exceed 12 years.

Labor Contract Law of the People's Republic of China

Article 48 Where a unit that uses a posture to lead a person 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.

If the employee has worked for more than 10 years, the compensation for the termination of the labor contract is as follows:

The compensation for the termination of the labor contract is usually as follows:

1.In accordance with Article 37 of the Labor Contract Law, the employee may go through the resignation formalities by notifying the employer in writing 30 days in advance after becoming a regular employee, and there is no economic compensation.

2.If the employer violates Article 38 of the Labor Contract Law, the employee may terminate the labor contract immediately without prior notice to the employer, require the employer to pay the remaining wages and economic compensation (one month's salary for every one year of service), and go through the resignation procedures.

3.If there is any arrears, the employee may apply to the local labor dispute grinding group arbitration committee for labor arbitration, and order the employer to pay additional compensation to the employee according to the standard of 50% to 100% of the amount payable in accordance with Article 85 of the Labor Contract Law;

4.If the employee does not submit his resignation 30 days in advance, and the employer does not have the circumstance provided for in Article 38 of the Labor Contract Law, and the employee directly submits a resignation letter and leaves, the employer may demand to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.

5.If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, the employee does not have any of the circumstances specified in Article 39 of the Labor Contract Law, and the employer's behavior falls under the circumstances of illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and the employer shall pay compensation, i.e., 2 months' salary for every year of service

Relevant knowledge: The employer's notice of termination of the labor contract, also known as non-fault termination of the labor contract, means that the employee is not at fault, but due to specific circumstances, the employer may break the dispute to terminate the labor contract.

1) The worker is sick or injured not due to work, and is unable to perform his 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 the modification of the labor contract after consultation.