Hello, I would like to ask, I signed a three year labor contract, and then worked for two months and

During the performance of the labor contract, the employer terminates the labor contract in the following three situations:

1. If the employee is legally at fault, the employer shall terminate the contract in accordance with Article 39 of the Labor Contract Law without compensation. If the employer suffers losses, the employer may claim compensation for part of the losses.

2. If the worker is not legally at fault, the employer shall pay severance compensation.

If the employee is not legally at fault, the employer may terminate the contract in accordance with Articles 36, 40, 41 and 42 of the Labor Contract Law, but shall pay one month's salary and severance for each year of the employee's years of service in the employer, and one year if the employee has completed six months but less than one year, and if it has less than half a year, it shall be paid half a year. Among them, if the labor contract is terminated in accordance with the provisions of Article 40, one month's written notice shall be given in advance or an additional month's salary in lieu of notice shall be paid.

The wages for calculating severance payments shall be calculated on the basis of the average wages due to the employee in the 12 months prior to the termination of the contract, including hourly wages, piece-rate wages, various subsidies and allowances, overtime wages, bonuses and wages paid under special circumstances. If the salary is higher than 3 times the average wage of local employees, it shall be calculated at 3 times the average salary of local employees, and if it is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard.

3. Compensation shall be paid for illegal termination of the contract.

If the termination of the contract by the employer does not comply with the provisions of the law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the 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 at twice the amount of the severance payment.

When terminating a labor contract, the employer shall settle the wages at the time of termination, and the wages shall generally not exceed 5 working days, unless otherwise agreed by both parties.

If you are dismissed due to serious disciplinary violations, or if it is confirmed that you do not meet the employment requirements during the probationary period, there is no compensation.

In addition, you need to pay half a month's compensation, and double the compensation if you cancel the illegality.

Summary. Severance 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. If the employee is more than six months but less than one year, and the employee shall be paid half a month's salary for six months after six months of the total is calculated as one year.

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.

I have worked in the factory for five years, the first three years signed a labor contract, the last two years the company did not sign me, my company wants to quit me, please ask me how to deal with it, hello, I am a cooperative lawyer of the platform consulting, I have received your questions, the current consulting people are more doha

Hello, I have received your question, and I am typing a reply to you at a high speed, please wait a while.

In fact, according to 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 stipulated in Article 47 of this Law. The specific calculation method is to pay the economic compensation to the employee according to Article 47 of the Labor Contract Law, according to the standard of one month's salary for each full year of the employee's service in the employer. 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.

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. You can directly prepare the labor contract and go to the labor dispute arbitration committee where the company is located to apply for labor arbitration.

In the case of dismissal without cause, the applicant shall submit a written application for arbitration and submit copies according to the number of respondents.

Economic compensation shall be paid to the worker according to the number of years of service of the worker, and one month's salary shall be paid to the worker for each full year. If the employee is more than six months but less than one year, he or she shall be compensated with half a month's salary if he has completed six months in the calculation of one year. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the area of the municipality directly under the Central Government or the city level divided into districts 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 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 shall be paid shall not exceed 12 years.

I'm glad to answer for you! If you are satisfied with my above targeted reply, you can give me a like, and click on my avatar to **consult and follow, so that I can continue to answer for you. The cooperative lawyers of the platform look forward to solving your problems next time!

If an employee resigns, he or she may terminate the employment relationship by notifying the employer in writing one month in advance, and the consent and approval of the employer is not required.

1. There are three situations in which an individual proposes to resign:

1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after terminating the labor relationship in writing without the approval of the employer, and you can request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.

2. According to Article 37 of the Labor Contract Law, if you submit a written resignation 30 days in advance, you can resign without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

3. If you do not submit your resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, you directly submit a resignation letter and leave, at this time, you have violated the law, and the employer can require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.

2. You can mail the notice of termination of labor relationship to the employer by courier or letter (that is, the resignation letter and resignation report), so as to facilitate the preservation of evidence. If the employer does not pay you wages or does not go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue.

1. If you want to resign, you must submit a written application one month in advance in accordance with the law;

2. You must wait until the company agrees or the one-month period expires before you can leave the post after the handover;

3. If the liquidated damages stipulated in the labor contract are stipulated in the labor contract, then the company may deduct them from your salary.

If you're not working for a specific industry, that's fine. Nowadays, labor contracts are basically more restrictive to employers, and there are no specific requirements for the length of service for employees. You just need to apply for resignation a month in advance, generally.

Yes, one month's written notice to the company is sufficient!

Of course, you can do so, just submit a written resignation one month in advance

Yes, there should be such a clause in the labor contract: Party A shall notify Party B of the renewal and termination of the contract within 30 days before the expiration of the contract, and Party A and Party B shall decide through negotiation.

If Party B needs to terminate the contract in advance, it must notify Party A 30 days in advance, otherwise it will be fined RMB ***; If Party A needs to lay off employees, it shall also notify Party B 30 days in advance and make corresponding compensation, unless the contract cannot be continued due to Party B's reasons.

Handling the handover work in accordance with the contract is a normal resignation.

If you were not fired because of one of the following circumstances, you can ask the company to pay you severance payments.

1.During the probationary period, it is proved that they are not eligible for employment;

2.Serious violation of labor discipline or the rules and regulations of the employer;

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

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

As for the severance payment, according to the Notice of the Ministry of Labor on Printing and Distributing the Measures for Severance Compensation for the Termination of Labor Contracts, there are the following situations, please take a seat:

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.

Article 6 Where a worker is sick or injured not due to work, and the labor appraisal committee confirms that he is unable to perform his original job or is unable to perform another job arranged by the employer and terminates the labor contract, the employer shall pay him an economic compensation equivalent to one month's salary for each full year of his or her service in the employer, and at the same time pay a medical subsidy of not less than six months' salary. In the case of serious illness and terminal illness, the medical subsidy shall also be increased, and the increase in the amount of serious illness shall not be less than 50 percent of the medical subsidy fee, and the increase in the amount of terminal illness shall not be less than 100 percent of the medical subsidy fee.

Article 7 If a worker is incompetent for his job and is still incompetent for his job after training or job adjustment, and the employer terminates the labor contract, the employer shall also pay him an economic compensation equivalent to one month's salary for each full year of service in the employer, up to a maximum of 12 months.

Article 8 Where there is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract after consultation, and the employer terminates 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 employer.

Article 9 Where an employer is on the verge of bankruptcy and undergoing statutory rectification or has serious difficulties in its production and operation and has to reduce its personnel, the employer shall pay severance to the retrenched personnel according to the number of years they have worked in the unit. For each full year of service in the company, severance equivalent to one month's salary is paid.

Article 10 After terminating the labor contract, the employer fails to provide the employee with a request to modify or terminate the collective contract in accordance with the regulations. In the case of economic compensation, in addition to the full amount of the economic compensation, an additional economic compensation of 50% of the amount of the economic compensation shall be paid.

Article 11 The wage calculation standard of severance in these Measures refers to the average monthly wage of the employee in the 12 months prior to the termination of the contract under the normal production conditions of the enterprise.

When an employer terminates a labor contract in accordance with Articles 6, 8 and 9 of these Measures, if the average monthly wage of the employee is lower than the average monthly wage of the enterprise, the employee shall be paid according to the standard of the average monthly wage of the enterprise.

If you are at fault, no compensation will be made. If there is no fault, the severance payment equivalent to one month's salary shall be paid for each full year of actual working hours, 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.

There is no question of a 3-year basis.

Everything has a reason, so why not let you go to work? If the company does not allow you to come to work without reason, you can go to labor arbitration.

According to the contract, go to the company to negotiate, and if the negotiation fails, the labor department will request assistance.

According to Article 14 of the Labor Contract Law, if an employer does not conclude a written labor contract with an employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Zongheng Legal Network Guizhu lawyer.

If you have worked for 10 consecutive years, you can enter into an indefinite employment contract with the employer.

Labor Contract Law: Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude 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 restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) Where two fixed-term labor contracts have been concluded consecutively, and the employee has not renewed the labor contract without the circumstances provided for in paragraphs 1 and 2 of Article 39 and Article 40 of this 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;

If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.