-
Voluntary lifting, no bullshit.
-
Legal analysis: 1. If the employee and the employer agree to dissolve or terminate the indefinite-term labor contract through consultation, the employer shall pay severance in accordance with Article 47 of the Labor Contract Law;
2. If the employer unilaterally dissolves or terminates the indefinite term labor contract, the employer shall pay double compensation in accordance with Article 87 of the Labor Promotion Contract Law.
Legal basis: Labor Contract Law of the People's Republic of China
Article 47 The calculation of severance compensation stipulates that severance shall be paid to the worker according to the standard of one month's salary for each full year of service for the worker. 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 economic compensation shall be paid to him and the amount shall be three times the average monthly wage of the employee, and the maximum number of years for which economic compensation shall be paid 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 87 Where 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 provided for in Article 47 of the Labor Contract Law.
-
If the employer illegally terminates the employee, the employee may demand continued performance or double compensation.
-
Your question is how to compensate for the termination of an indefinite term employment contract? In this case, if the indefinite period has been set, he must have violated the contract law by dismissing the employee, and I think the only situation should be to give double compensation, your economic losses.
-
Forced to lift. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year.
2.Lifted by consensus. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year.
3.If the employer unilaterally dismisses illegally without a legitimate reason, it needs to pay double the compensation according to the above standard.
-
It is difficult to say that the specific situation is unclear, but from the perspective of judicial practice, under normal circumstances, it is handled according to one year's length of service and one month's salary.
-
If an employer terminates an indefinite-term labor contract, the employee may request the employer to pay severance at the rate of one month's salary for each full year of service if the employer terminates the contract through negotiation. If the employer's termination does not comply with the provisions of the Labor Contract Law and constitutes illegal termination, the employee may request the employer to pay twice the severance payment, and the employee also has the right to request the employer to continue to perform the labor contract.
Legal basis] Article 48 of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor suspension 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.
Hello, I can understand your feelings, but for the situation you said, the labor contract law does not have very clear provisions, and your company is taking advantage of loopholes to play a side game. The recommendations are as follows: >>>More
The question is not clear, what is the date of signing of the employment contract that you are currently performing? What is the agreed service period? How many labor contracts have been concluded (including renewals) since August 08? >>>More
There are several reasons why it has been suspended:
1. Deliberately quit or run away; >>>More
The employee and the employer can sign an indefinite labor contract through negotiation. >>>More
Semi-shutdown in arrears means that the user fails to pay the fee within the specified payment time (from the 5th to the 25th of each month is the payment period of Unicom), and China Unicom will deal with the user's semi-shutdown on the 26th. When it is semi-stopped, the user can only receive ** and receive text messages, and cannot make **, send text messages, surf the Internet, etc. If the arrears of the previous month have not been paid off on the 29th, the mobile phone number will be in full shutdown and the mobile phone number will not be able to be used normally. >>>More