Under what circumstances is the employer required to pay severance payments?

1.Unilateral legal termination is subject to the payment of economic compensation.

Article 41 of the Labor Contract Law Under any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the personnel reduction plan may be reduced after reporting to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

Article 44 of the Labor Contract Law shall terminate the labor contract under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

2.In the case of unilateral termination, severance and payment in lieu of notice shall be paid.

Article 40 of the Labor Contract Law Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

In the event of unilateral termination of the labor contract in violation of the contract, severance shall be paid.

Legal analysis: (1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer submits to the employee to terminate the labor contract 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.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China 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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law

6) The labor contract is terminated 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.