What about the compensation for the unilateral termination of the employment contract relationship b

The termination of a labor contract refers to the early termination of the legal effect of the labor contract by both parties and the termination of the rights and obligations of both parties. So how to terminate the employment contract relationship? Article 37 of the Labor Contract Law stipulates that an employee may terminate an employment contract by notifying the employer in writing 30 days in advance.

The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period. That is, negotiated termination. Article 38 of the Labor Contract Law stipulates that an employee may terminate a labor contract if the employer falls under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer. If the employer proposes to terminate the labor contract, the employer shall pay the employee severance for the termination of the labor contract.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China stipulates that an employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 14 of the Labor Contract Law refers to an indefinite-term 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 are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

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.

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 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.

Unilateral termination of the contract must comply with the provisions of the law, and if it does not comply, you can apply for arbitration.

If the company terminates the labor contract relationship, it needs to compensate the employee accordingly. Such as:

1. If the employer terminates the labor contract after consultation between 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 according to the employee's working years in this order, which is similar to that of the employee's mu, and shall not exceed 12 months. If the working time is less than one year, severance shall be paid at the rate of one year.

2. If 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 perform other work 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 shall also pay a medical subsidy of not less than six months' salary. In the case of serious illness and terminal illness, the medical subsidy fee shall also be increased, and the increase in the amount of serious illness shall not be less than 50% of the medical subsidy fee.

1. Dismissal of employees during the contract period.

If the employer terminates the labor contract after consultation between the parties concerned, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of the employee's service in the employer, up to a maximum of 12 months, and if the working time is less than one year, the compensation shall be paid at the rate of one year. The employer shall bear the burden of proof in the event of a labor dispute arising from the employer's decision to remove, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the employee's working years, etc.

2. How to compensate for the termination of the labor contract after the expiration of sick leave.

1. If the employer proposes to terminate the labor contract upon the expiration of sick leave, it shall pay one month's salary as economic compensation for every full year according to the employee's years of service in the employer, and pay one month's salary for less than one year.

2. If a worker is sick and is unable to work normally after the expiration of the prescribed medical treatment period, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee one month's salary.

Article 21 of the Labor Contract Law of the People's Republic of China stipulates that during the probationary period, the employer shall not terminate the labor contract unless the employee falls under the circumstances specified in Article 39 and Article 40, Paragraphs 1 and 2 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee. Article 39 of the Labor Contract Law of the People's Republic of China provides that the employer may terminate the labor contract if the employee 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.

The compensation for unilateral termination of the labor contract by the enterprise is divided into the following situations: 1. If the labor contract is terminated illegally, the compensation shall be paid to the employee at twice the economic compensation standard;2. In the case of negotiation with the employee to terminate the labor contract, dismissal without fault, or economic layoff, economic compensation shall be paid according to the number of years;3. Employees who are dismissed due to gross negligence or serious violations of the rules and regulations of the employer do not need to pay economic compensation.

Article 39 of the Labor Contract Law The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) The employee is proved to be ineligible for employment during the probationary period;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 raised 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) Those who have been pursued for criminal responsibility in accordance with law.