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If the person agrees to terminate the labor contract, there are two compensation standards. They are: 1. The employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation; 2. If the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it may be determined that the employer's behavior falls under the circumstances of illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and compensation shall be paid.
I am paid 2 months' salary for each year of service.
[Legal basis].
Labor Contract Law of the People's Republic of China 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 stipulated in Article 47 of this Law.
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I agree to terminate the employment contract without any compensation.
Because in this case, it is your own initiative to leave the job.
You will only be compensated if the employer terminates the employment contract with you.
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In this case, if the employer fails to give 30 days' notice, in addition to paying you an additional month's notice in lieu of notice, it is also required to calculate the severance according to your years of service in the employer and in accordance with Article 87.
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I agree to terminate the employment contract. If it is in accordance with the voluntary resignation. Then you don't need to pay any compensation at all.
Compensation will only be paid if the employer terminates the employment contract with you. So don't be deceived by the company.
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Legal Analysis: According to Article 47 of the Labor Contract Law, economic compensation shall be paid to the employee according to the number of years the employee has worked in the employer and one month's salary for each full year. If it is more than six months but less than one year, the old age shall be 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 as 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 at the rate of three times the average monthly salary of the employee, and the maximum period of time for which the 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.
Legal basis: Civil Code of the People's Republic of China
Article 562:The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.
Article 563:The parties may terminate the contract under any of the following circumstances: (1) the purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law. In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.
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Legal analysis: The compensation for the termination of the labor contract between the unit and the individual is as follows: economic compensation = monthly salary for working years (if the working experience is more than 12 years, it will be calculated as 12 years), of which, if it is more than six months but less than one year, it will be calculated as one year; If the mu is less than six months, the worker shall be paid half a month's salary as economic compensation.
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 economic compensation to be paid to him shall be three times the average monthly salary of the employee, and the maximum period of time for which the employee shall be paid economic compensation shall not exceed 12 years.
The 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.
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Legal analysis: (1) If the employee is terminated by consensus, the employer shall pay severance according to the employee's working years. (2) The employee voluntarily resigns.
In this case, the employer does not have to pay severance payment. (3) If the employee is forced to terminate the labor contract, the employer shall pay severance payment. Circumstances in which the employer is forced to terminate the labor contract, such as the employer fails to pay wages in full, fails to pay social insurance, etc.
Legal basis: Article 40 of the Labor Contract Law of the People's Republic of China 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 employee is sick or injured not due to work, and cannot engage in the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (2) The worker is incompetent for the job, and is still incompetent for the work after training or adjustment of the work position; (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.
Except for the circumstances stipulated in Article 39 of the Labor Contract Law, the employer is not required to pay severance in other circumstances, and the form of compensation is different depending on the reason for termination. >>>More
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According to the relevant provisions of China's "Labor Contract Law", employees have the right to resign, and according to the relevant documents, the enterprise has no right to economic penalties, so according to the situation you mentioned, you only need to submit a resignation application one month in advance, and you cannot ask for economic compensation, and you do not need to bear liquidated damages. >>>More