How can an individual be compensated for terminating an indefinite term employment contract?

Updated on society 2024-03-23
7 answers
  1. Anonymous users2024-02-07

    Voluntary lifting, no bullshit.

  2. Anonymous users2024-02-06

    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.

  3. Anonymous users2024-02-05

    If the employer illegally terminates the employee, the employee may demand continued performance or double compensation.

  4. Anonymous users2024-02-04

    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.

  5. Anonymous users2024-02-03

    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.

  6. Anonymous users2024-02-02

    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.

  7. Anonymous users2024-02-01

    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.

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