How to compensate for the termination of the labor contract?

When you join the company, you will sign a labor contract, the purpose is to prevent you from terminating the contract with the company or being terminated in the future, and the labor contract cannot be legally protected after the labor contract. After the company terminates the labor contract, it shall compensate the employee in accordance with the law. The compensation cost should be based on the number of years of service in the company, one month's salary should be paid for one year of work, 6 months and more than 6 months, calculated according to one year, less than 6 months according to half a year, that is, half a month's salary.

Such a system also allows many employees to have financial security after being fired, and will not experience penniless in the short term.

Moral compensation and wages paid should be three times higher than the wages of employees in the city or county, and the maximum number of years should not exceed 12 years. It's not just the legal constraints on the company, it's also the moral compensation for these employees who have worked hard for the company for many years. Many companies only care about immediate interests, and will directly abandon employees who are useless to the company.

The society of the jungle has added warmth to it because of these provisions of the law.

Refusal to pay compensation is also due to the fact that the company unilaterally terminates the labor contract and fails to pay the employee or the fee paid, causing the employee to be dissatisfied and will immediately sue the court. There are many such cases on the Internet, where employees are diligent but are dismissed and refuse to pay, and finally the court accepts and requires the company to pay double compensation. However, if the employee unilaterally terminates the labor contract, the company will not compensate for it, and it will be dealt with according to the content written in the labor contract.

The friendship between people, written in black and white, is the easiest way to solve problems. But not all companies are profit-oriented, and there are many good employees and bosses who have been together since the early days of the business. After working for decades, the employee feels that he is too old to help the company develop further and chooses to quit on his own, and the boss wants to compensate him financially and retain him because of his friendship for many years.

Society is not only about money, but also about the friendship between people.

Compensation is based on the length of service, and if the employee has been with the company for a long time, then the compensation will be paid more.

When the labor contract is terminated, the employee should be compensated twice the salary, so that it is reasonable, so that the employee will not be sad.

Compensation should be made according to the employee's working years, working attitude and working hours, and the corresponding compensation should be paid.

Legal Analysis: The employer shall pay economic compensation to the employee under any of the following circumstances in the form of terminating the labor contract and making legal compensation: 1

The employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law; 2.Where the employer proposes to terminate the labor contract to the employee in accordance with Article 36 of the Labor Contract Law and agrees to terminate the labor contract through consultation with the employee; 3.The employer terminates the labor contract in accordance with Article 40 of the Labor Contract Law; 4.

The employer terminates the labor contract in accordance with the provisions of Paragraph 1 of Article 41 of the Labor Contract Law; 5.Except where the employer maintains or improves the terms and conditions of the labor contract and the employee does not agree to renew, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of the Labor Contract Law. Legal basis:

Labor Contract Law of the People's Republic of China Article 37 A worker 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.

Legal analysis: The compensation for the termination of the labor contract by the employee shall be paid to the employee according to the split limit of the employee's service in the unit for each full year of service. 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.

Legal basis: Labor Contract Law of the People's Republic of China Article 38 Unilateral termination of labor contract by an employee An employee may terminate a labor contract 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 the Law on Closure of Workers;

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 specified in the first paragraph of Article 26 of this Law;

6) Other circumstances in which laws and administrative regulations stipulate that an employee may be dismissed from the labor contract.

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.

The employer shall pay economic compensation to the employee. The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; The employer shall pay economic compensation to the employee.

Article 46 of the Labor Contract Law.

Under any of the following circumstances, the employer shall pay economic compensation to the employee: (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 terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of Paragraph 1 of Article 41 of this Law.

In accordance with the provisions of the Labor Law and the Measures for Economic Compensation for Violation and Termination of Labor Contracts, in the following cases, the employer that sends the employee to terminate the labor contract shall pay the employee an economic compensation equivalent to one month's salary for each full year (if it is less than one year) according to the employee's years of service in the employer

1) The employer terminates the labor contract upon the consensus of the parties to the labor contract;

2) The employer shall terminate the labor contract if the worker is incompetent for the job and is still incompetent after training or job adjustment.

In both cases, severance payments will be paid for a maximum of 12 months.

3) The employer terminates the labor contract if 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 changing the labor contract after consultation;

4) The employer is on the verge of bankruptcy and undergoing statutory rectification or has serious difficulties in production and operation, and it is necessary to lay off personnel, and the employer shall terminate the labor contract;

5) The labor contract is terminated because the worker is sick or injured not due to work, and the labor appraisal committee confirms that he cannot perform the original job or perform the work arranged by the employer; In such cases, a medical supplement of not less than six months' salary shall be paid at the same time. If the worker suffers from a serious illness or terminal illness, the medical subsidy shall also be increased, and the increase in the serious illness shall not be less than 50% of the medical subsidy fee, and the increase in the terminal illness shall not be less than 100% of the medical subsidy fee.

In addition, if the employer fails to provide the employee with severance in accordance with the above provisions after terminating the labor contract, it must pay 50% of the amount of severance in addition to the full amount of severance paid.

The severance shall be paid in a lump sum when the employee leaves the company. If the worker has worked in the unit for less than one year, it shall be calculated according to the standard dust of one year. The wage standard for calculating severance is the average monthly wage of the employee in the 12 months before the termination of the contract under the normal production conditions of the enterprise; In the case of categories (3), (4) and (5) above, if the average monthly wage of the worker who is given severance is lower than the average monthly wage of the enterprise, it shall be paid according to the average monthly wage of the enterprise.

1. Change the terms and conditions of the labor contract.

1) Valid terms that have not been fulfilled or have not been fully performed. The terms have been fully fulfilled and there is no need to change them; Invalid clauses are not necessary to be changed;

2) Terms that can be changed by law. Clauses that are not allowed to be changed by law are not allowed to be changed;

3) Clauses that directly cause changes to the contract. Some clauses in the contract become unnecessary or impossible to perform due to changes in the subjective and objective conditions for the performance of the contract, and the contract will be changed; It can be seen that these clauses themselves are the cause of the change in the contract. The modification of the labor contract of an enterprise is to amend, add or remove these clauses that directly cause the change of the contract.

There is no need to change clauses that are not related to the reason for the change of the contract.

If the company dismisses the employee without legal reasons, it is illegal to terminate the labor contract, and the company shall pay 2 months' salary as compensation for each year of service. The salary standard is calculated based on the average salary of the employee in the 12 months prior to the termination of employment, which is the average of all wages.

If the company has illegal reasons such as arrears of wages or deduction of wages, or unilateral transfer of your position or reduction of your salary, you can be forced to resign or indeed have difficulties in production and operation to terminate the company, and there is compensation, and one month's salary will be compensated for each year of work.

If the company has less or no overtime wages, you can be forced to resign or indeed have difficulties in production and operation, etc., and you will be compensated, and you will be compensated for one month's salary for each year of work.

If the company does not provide working conditions and transfers in disguise, you can also be forced to resign and ask the company to pay you one month's salary for every year you work.

At the same time, you can ask the company to settle the full salary.

If the company negotiates with you to terminate the employment contract, you shall pay one month's salary for each year of service as compensation.

If an employee voluntarily resigns, there is no severance payment, regardless of how many years of service or employment contract they have signed. The Labor Contract Law stipulates that for the payment of severance payments, one month's salary shall be compensated for each year of service, and if it is less than one year for six months, it shall be counted as one year, and if it is less than six months, half a month's salary shall be compensated.

is the average of all wages over the past 12 months. The standard of compensation for unlawful termination is twice the standard of economic compensation.

In the following circumstances, the company's termination is legal and no compensation is required.

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;

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

If the company dismisses it, there will generally be compensation, and if the employee himself proposes to resign, then there will be none.

Several possibilities:

If the enterprise dismisses without reason, according to the number of years of service * average salary of the previous year * 2 + 1 month of notice payment, there is no violation of labor discipline, there are legitimate reasons for dismissal or proof of incompetence: according to the number of years of service * average salary of the previous year + 1 month of notice payment.

Violation of labor discipline: no compensation.

Pending notice is defined as one month's notice to the employee.

One month of work for one year, that is, 4 months' salary and double compensation for illegal settlement of labor relations, a total of six months' salary, and social security shall be paid in accordance with the law.

There are three situations in which an employee proposes to terminate the labor contract (resign).

First, in accordance with the provisions of Article 37, the employer shall be notified 30 days in advance (3 days of probationary period) without the approval of the employer. However, the employer is not liable for economic compensation;

Second, the termination of the labor contract in accordance with the provisions of Article 38 does not require 30 days in advance and does not need to be approved, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law.

Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90.

If the unit terminates you, there will be compensation. If you voluntarily leave your job, there is generally no compensation, unless the employer illegally does not pay social security to you, deducts your salary, etc., you can get compensation.

It depends on the contract you signed. It is possible if one of the parties has the right to terminate the contract. Compensation also depends on the content of the contract. Let's explain the situation according to the content.