How to compensate for the unilateral termination of the labor contract by the company

Legal analysis: The unilateral termination of labor contracts by the company is divided into legal termination and illegal termination, such as (1) if the employee is proved to be ineligible for employment during the probationary period, and seriously violates the rules and regulations of the employer; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; If an employee establishes an employment relationship with another employer at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the request of the employer, or is investigated for criminal liability in accordance with the law, the employer shall have the statutory right of termination without compensation; (2) In addition to the above provisions, if the employer terminates the labor contract in accordance with the law, it shall pay compensation according to the number of years of service of the employee in the employer, and pay one month's salary for each full year, and if the labor contract is more than six months but less than one year, it shall be calculated as one year; if it is less than six months, it shall be calculated as half a month's salary; In accordance with the law, if the labor contract is terminated normally, the employee shall be compensated according to the number of years of service in the employer; (3) If the employer terminates the labor contract in violation of the law, it shall pay compensation at twice the standard of compensation. Therefore, the compensation for unilateral termination of the labor contract by the employer should be treated differently according to the specific circumstances and cannot be generalized.

Legal basis: Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer 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 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.

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.

The company is required to pay the following compensation for unilateral termination of the labor contract.

Because there is no 30-day notice, one month's salary is paid as compensation.

Secondly, employees can get one month's salary compensation for each year they work in the company.

The compensation method for unilateral termination of the labor contract by the company depends on the specific circumstances. It can be learned through Beijing Guanling Law Firm, which owns Zhou Xuliang and Ren Zhanmin at the School of Criminal Justice of China University of Political Science and Law"Mentors"。

Click here to consult a gold lawyer for free].

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

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

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, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5. The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6. Being pursued for criminal responsibility in accordance with law.

If you want to know more about the employment contract, we recommend consulting Beijing Guanling Law Firm. Director Zhou Xuliang of Beijing Guanling was invited to participate in the programs of ** TV station and various channels of Beijing Satellite TV, and is currently the keynote speaker of CCTV-12 "Law Lecture", CCTV-12 "Lawyer is Coming" special invited lawyer guest, CCTV-12 "Witness" legal expert, specially invited legal consultant, etc. He has won the CCTV-12 "Outstanding Public Welfare ** Award", and was rated as "Outstanding Young Lawyer" in Xicheng District, Beijing, a special guest commentator of "Legal System**", and a guest lawyer of "Law and Life" of the Ministry of Justice.

1. How to compensate for the unilateral termination of the labor contract by the company.

1. The compensation for unilateral termination of the labor contract by the company is as follows:

1) If the labor contract is terminated illegally, the employee shall be compensated at twice the economic compensation standard;

2) In the case of termination of labor contract, no-fault dismissal, or economic layoff through negotiation with the employee, economic compensation shall be paid according to the number of years;

3) In case of negligent dismissal, no economic compensation is required.

2. Legal basis: Article 48 of the Labor Contract Law of the People's Republic of China.

Legal Consequences of Illegally Dissolving or Terminating a Labor Contract] 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 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.

Legal Liability for Breach of Dissolution or Termination of Labor Contract] 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 provided for in Article 47 of this Law.

2. What are the circumstances under which the company unilaterally terminates the labor contract?

The circumstances under which the company unilaterally terminates the labor contract are:

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

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, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5. The worker uses fraud, coercion or taking advantage of the danger of others to cause the employer to conclude or modify the labor contract contrary to his true intentions;

6. The worker is investigated for criminal responsibility in accordance with the law;

7. The worker is sick or injured not due to work, and cannot engage in the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer.

It is the right of the employee to resign, and under normal circumstances, the employer is not allowed to terminate the labor contract with the employee at will.

How should a company compensate an employee if it unilaterally terminates a labor contract in accordance with Article 40 of the Labor Contract Law?

Can a company (employer) unilaterally dismiss an employee (employee) claim compensation? The answer is not necessarily. Because there are many ways for employers to dismiss employees, most of them are legal dismissals and illegal dismissals.

Legal dismissal is further divided into faulty dismissal and no-fault dismissal. Illegal dismissal excludes dismissal other than these two types of dismissal. (Of course, the termination by consensus should also be excluded, which is not dismissal, but the termination of the agreement, and this is not discussed.)

In addition, the termination of the labor contract is not discussed, it is the termination of the labor contract, not the dismissal (dissolution)) 1. In the case of legal dismissal: 1) If the employee is dismissed at fault, the employer does not need to pay any compensation to the employee, that is to say, the employee has no right to claim compensation from the employer. 2) In the case of no-fault dismissal, the employer is required to pay economic compensation to the employee.

2. In the case of illegal dismissal, the employer shall pay compensation to the employee.

If the company unilaterally terminates the labor contract, if the termination is due to the fault of the employee, no compensation is required. If the situation fails, the employee is not at fault, and the employee shall be compensated with one month's salary for every year of service in the company; 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, it shall be compensated with half a month's salary.

Article 46 of the Labor Contract Law shall pay economic compensation to the employee under any of the following circumstances: (1) The employee terminates the labor contract in accordance with 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 agrees to terminate the labor contract through consultation with the laborer; (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.

Today, I am here to answer the question of how to compensate for the unilateral termination of the labor contract by the company? According to Article 47 of the Labor Contract Law, the specific compensation standards for termination of labor contracts are as follows: 1. Economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer.

if it is more than 6 months but less than 1 year, it will be calculated as 1 year; If it is less than 6 months, half a month's salary shall be paid to the stupid worker. 2. 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 shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which the economic compensation shall be paid shall not exceed 12 years. 3. The monthly wage mentioned in this article refers to the average salary of the employee in the 12 months prior to the termination or dissolution of the labor contract.

It is calculated according to the wages due to the worker, including hourly wages or piece-rate wages, as well as monetary receipts such as bonuses, allowances and subsidies. 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. If a worker has worked for less than 12 months, the average wage shall be calculated according to the number of months actually worked.

That's my answer to that question, thank you for listening, I hope it helps.