What are the compensation for being dismissed by the company during the contract period?

Hello! During the performance of the labor contract, the company unilaterally terminates the contract, and the compensation method varies depending on the reason for the termination of the contract.

1. If the employee seriously violates the law and discipline, and the company terminates the contract in accordance with Article 39 of the Labor Contract Law, there is no compensation, on the contrary, the company may claim compensation for the loss of the employee.

2. If the company terminates the contract in accordance with Articles 40 and 41 of the Labor Contract Law, the company shall pay the employee one month's salary as economic compensation every year according to the number of years of service in the employer. Among them, if the contract is terminated in accordance with Article 40 of the Labor Contract Law, 30 days' written notice or an additional month's salary in lieu of notice shall be paid in advance.

3. The unilateral termination of the contract by the company does not comply with the provisions of Articles 39, 40 and 41 of the Labor Contract Law, and is an illegal termination of the contract, and the compensation shall be paid at twice the economic compensation (two months of personal salary per year for the working years of the unit).

Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker 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) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

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

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

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 changing the content of the labor contract after consultation.

Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the employees, it may reduce the number of personnel after reporting to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

More detailed information could be provided to provide more accurate legal advice.

Whether an employer should pay compensation or compensation for the dismissal or dismissal of an employee during the term of the labor contract is divided into the following three situations: 1. If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it may be determined that 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 compensation shall be paid, i.e., 2 months' salary for every year of service. Commonly known as 2n; 2. If the employer terminates the labor relationship with the employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and the employee is not notified one month in advance, one month's salary shall be paid in lieu of notice, commonly known as n+1;3. If the employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or notice in advance; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.

The new Labor Contract Law stipulates that the validity of the labor contract shall remain unchanged in the event of a merger or division of an enterprise. As long as you are not at fault, you can ask to continue the contract, and if you don't want to do it anymore, you can get twice the financial compensation! Criteria for Economic Compensation:

For more than six months and one year, one month's salary will be compensated, and the second half of six months will be paid. It should be pointed out that double economic compensation can only be counted from 08 onwards. There should be no double statute for financial compensation before 08.

Statutory 1 month, can be compensated according to the contract agreed 2 months.

Severance shall be paid to the worker according to the number of years of service of the employee in the fixed position, 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.

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 level divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which economic compensation is paid 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. According to Article 46 of the Labor Contract Law of the People's Republic of China, the employer shall pay economic compensation to the employee under any of the following circumstances:

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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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. if it is more than six months but less than one year, it shall 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. 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.

I worked in the company for three and a half years, but because the drainage pipe was blocked during centrifugation a few days ago, so I ran away part of the material, so I was fired from the company, how to compensate? Troublesome.

Whether an employer should pay compensation or compensation for the dismissal or dismissal of an employee during the term of the labor contract is divided into the following three situations: 1. If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it may be determined that 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 compensation shall be paid, i.e., 2 months' salary for every year of service. Commonly known as 2n; 2. If the employer terminates the labor relationship with the employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and the employee is not notified one month in advance, one month's salary shall be paid in lieu of notice, commonly known as n+1;3. If the employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or notice in advance; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.

Article 48 of the Labor Contract Law stipulates that if an employer dissolves or terminates a 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 the labor contract; 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 of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of these Measures, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

After the expiration of the contract, if the employee is unwilling to renew the contract under the condition that the salary level remains unchanged or increased, the company does not need to pay economic compensation. Otherwise, the company shall pay severance to the employee.

How much compensation can I get if I am fired by the company?

Generally speaking, it is N+1 compensation and compensation.

Mid-term n means that the number of years of work in the company (more than 6 months is counted as one year), and less than 6 months is counted as half a year.

1 is a payment in lieu of notice (i.e. payment in lieu of notice without one month's notice).

The compensation standard for dismissal by the company during the contract period is:

1. The economic compensation shall be paid to the worker according to the number of years the worker has worked in the unit, and the standard of one month's salary shall be paid to the worker for every full year, and if the employee has worked for more than 6 months but less than 1 year, it shall be calculated as one year, and if the employee has worked for less than 6 months, the economic compensation shall be paid to the worker for half a month's salary;

2. If the monthly wage of the worker is higher than 3 times 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 compensation shall be paid at the amount of 3 times the average monthly wage of the employee, and the maximum period of compensation shall not exceed 12 years.

If the average salary of an employee in the 12 months prior to the termination or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard.

Labor Contract Law of the People's Republic of China

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 89 Where an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of a labor contract to a worker, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

1. What is the compensation standard for the company's resignation during the contract period?

1. If the employee is dismissed during the contract period, the specific compensation shall be calculated according to the working time of the employee. According to the relevant laws and regulations, if the labor contract is terminated in violation of the law, the employee shall be compensated at twice the amount of the severance payment.

2. Legal basis: Article 87 of the Labor Contract Law of the People's Republic of China.

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 under Article 47 of this Law.

2. What are the compensation standards for dismissal during the labor contract period?

The compensation standard for dismissal during the labor contract period is divided into three types:

1) If the employee is legally terminated from the labor contract, the employer is not required to pay severance or compensation;

2) If the employer terminates the labor contract in accordance with the regulations, the employer shall pay the employee economic compensation. The severance compensation shall be paid according to the number of years the worker has worked in the unit for each full year, and if the employee has worked for more than six months but less than one year, it shall be calculated as one year; if it is less than six months, half a month's economic compensation shall be paid to the worker;

3) If the employer terminates the labor contract in violation of the regulations, it shall pay compensation to the employee at twice the standard of economic compensation, i.e., compensation.