What are the legal bases for severance payments?

The Labor Contract Law stipulates that if a fixed-term labor contract is terminated upon expiration, the employer shall pay economic compensation to the employee, unless the employer maintains or improves the conditions of the labor contract and the employee does not agree to renew the labor contract. According to this provision, the employer agrees to renew the employment contract and maintain or improve the terms and conditions of the employment contract.

Article 46 of the Labor Contract Law 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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

6) Termination of 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. 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 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 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 Article 4 and Article 10 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.