What should I do if the employee terminates the labor contract without authorization?

Updated on society 2024-03-03
7 answers
  1. Anonymous users2024-02-06

    If it causes losses to the enterprise, it can apply to the local labor dispute arbitration commission for labor arbitration and require the employee to compensate for economic losses.

  2. Anonymous users2024-02-05

    If it is not your fault that caused the company's loss, just go and cultivate the argument of compensation.

    The Labor Law and the Labor Contract Law only stipulate that the employee shall compensate the employer in two circumstances, one is the above, and the other is that the employer has paid the training fee for the training of the employee, and the employee must leave before the agreed employment period has expired.

  3. Anonymous users2024-02-04

    Bear the liability for breach of contract for the termination of the labor contract.

    Compensate the company for one month's salary as notice.

  4. Anonymous users2024-02-03

    Legal analysis: Under certain circumstances, the company may unilaterally terminate the employment contract with the employee. Article 25 of the Labor Law of the People's Republic of China stipulates 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 requirements; (2) Seriously violating labor discipline or the rules and regulations of the employer; (3) Serious dereliction of duty before the Ming Dynasty, committing malpractice for personal gain, causing major harm to the interests of the employer; (4) They have been pursued for criminal responsibility in accordance with law.

    Legal basis: "Labor Law" spine locust type.

    Article 25 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) Serious violation of labor discipline or the rules and regulations of the employer;

    3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer;

    (4) They have been pursued for criminal responsibility in accordance with law.

  5. Anonymous users2024-02-02

    Under certain circumstances, the company can dismantle the sails and remove the labor contract with the employee.

    Article 25 of the Civil Code stipulates that an employer may terminate a labor contract if an 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 labor discipline or the rules and regulations of the employer;

    3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer;

    (4) They have been pursued for criminal responsibility in accordance with law.

  6. Anonymous users2024-02-01

    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.

    1. How to compensate for wage arrears.

    If an employer deducts or defaults on the employee's wages without reason, or refuses to pay the employee's wages and remuneration for extended working hours, it shall pay the employee an additional economic compensation equivalent to 25% of the wages and remuneration in addition to paying the employee's wages and remuneration in full within the prescribed time. According to Article 47 of the Labor Contract Law, severance shall be paid to the employee according to the number of years of service in the employer 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.

    Article 48 stipulates that 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 cannot be continued, the employer shall pay compensation in accordance with Article 87 of this Law. Article 87 stipulates that 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 stipulated in Article 47 of this Law. Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts?

    It stipulates that if an employer deducts or defaults on the wages of an employee without reason, or refuses to pay the employee wages and remuneration for extended working hours, in addition to paying the wages and remuneration of the employee in full within the time specified in the survey, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.

    Article 87 of the Labor Contract Law stipulates that 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 economic compensation standard in Article 4 and 17 of this Law.

  7. Anonymous users2024-01-31

    Legal Analysis: If an employer dissolves or terminates a labor contract in violation of the provisions of the Labor Contract Law, the employer shall continue to perform the labor contract in accordance with Article 48 of the Labor Contract Law, and the employee requests to continue to perform the labor contract; If the worker 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 the provisions of Article 87 of this Law.

    Legal basis: Labor Contract Law of Zhongqing Dahua People's Republic Article 87 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 stipulated in Article 47 of this Law.

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