How to compensate for the company s unilateral request to terminate the contract?

If the employer verbally says that they will dismiss you, you should go to work on time without receiving a formal written notice (with an official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you won't be allowed to go to work, and that you have been absent from work for a few days, and you will be treated as a voluntary resignation.

There are three types of situations in which an employee is dismissed or terminated by an employer: first, if the employee falls under Article 39 of the Labor Contract Law, the employer does not need to notify the employee 30 days in advance and does not need to pay economic compensation; (2) If the labor contract is terminated in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and the circumstances are in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. Third, if the employer terminates the labor contract in violation of the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.

Pay attention to retaining employers. A written notice requesting you to hand over to someone, a handover checklist, these are all when your rights and interests are infringed. You have handled important evidence of the handover in accordance with the law.

If the employer does not issue a notice of handover to someone, it can be deemed that the handover is not necessary. The timing of payment of wages at the time of termination of the employment contract (or employment relationship). For details, please refer to Article 9 of the Interim Provisions on Payment of Wages, on the time of payment of severance payments.

For details, please refer to Article 50 of the Labor Contract Law. Failure to pay on time, including arrears, deduction of wages and overtime compensation, may be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contracts or Article 85 of the Labor Contract Law. The difference is the former.

It can be directly asserted that the latter needs to be ordered by the labor department. If you still don't pay, you can claim it.

My Space has the legal provisions mentioned above, which you can check out.

Can a company claim compensation for unilateral termination of an employment contract?

Legal analysis: If the worker is at fault, the company does not need to pay compensation for unilaterally terminating the contract. If the company illegally terminates the merger, it shall pay compensation at twice the amount of the economic compensation.

If an employer dissolves or terminates a labor contract in violation of regulations, it shall pay compensation to the employee in accordance with twice the prescribed economic compensation standard.

Legal basis: Labor Contract Law of the People's Republic of China

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.

Legal analysis: If both parties agree to terminate the contract through consultation, the economic compensation shall be paid to the employee according to the number of years the employee has worked in the employer and the standard of one month's salary for each full year. The monthly wage referred to here refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract, which is calculated according to the salary payable.

If the unit unilaterally dismisses without a legitimate reason, it needs to pay double the compensation of the bracelet base according to the above standard.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China 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" as used in this article refers to the average wage of an employee in the 12 months prior to the termination or termination of the labor contract.

Legal analysis: The employer may unilaterally terminate the labor contract in accordance with the law, but shall pay the employee severance according to the number of years he has worked in the employer, including one month's salary for each full year, half a month's salary for less than half a year, and one month's salary for less than half a year. The base amount of severance shall be calculated based on the average monthly salary payable in the 12 months prior to the termination of the labor contract (the actual number of whole months for less than 12 months).

In addition, if the employer does not notify the employee in writing 30 days in advance, it shall pay an additional month's wages in lieu of notice. It is contrary to the law that the severance payment is linked to the value of the benefit.

Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate the 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.Failure to pay social insurance premiums for workers in accordance with the law. 4.

The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees. 5.The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law (various circumstances in which the labor contract is invalid or partially invalid) (the employment contract is concluded or modified by fraud, coercion, coercion, or taking advantage of the danger of others, so that the other party is made to return to the other party and conclude or modify the labor contract contrary to the true intention).

6.Other circumstances under which the employee may terminate the labor contract as provided by laws and administrative regulations.