Can the company unilaterally terminate the labor contract and claim compensation for the long term d

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

    Employees who have been in arrears of wages for a long time can demand payment of wages and demand certain financial compensation. If an enterprise defaults on the employee's wages, the employee may not only request the termination of the labor contract, but also demand compensation from the enterprise, and the Labor Contract Law clearly stipulates that if the enterprise fails to pay the labor remuneration in full and in a timely manner, the employee may unilaterally terminate the contract and demand the payment of economic compensation.

    Legal analysis. If the flow rate is much lower than the minimum flow rate to ensure accuracy, it will result in no output (e.g., vortex flowmeter) or the output signal will be cut off as a small signal (e.g., differential pressure flowmeter), which is unfavorable and unfair to the supplier. In order to prevent the loss of benefits, for a specific set of thermal energy metering equipment, the supply and demand parties often agree that a certain flow value is "agreed lower limit flow" according to the flow measurement range and the range that can be achieved, and if the actual flow rate is less than the agreed value, the lower limit of the charging flow will be charged.

    The people's metrology administrative departments at or above the county level may set up metrological verification institutions as needed, or authorize other units of metrological verification institutions to carry out compulsory verification and other verification and testing tasks. Personnel who perform the verification and testing tasks provided for in the preceding paragraph must pass the assessment. This function is usually implemented in flow meters.

    According to the needs of the region, the local people's measurement administrative department at or above the county level shall establish social public measurement standard instruments, which shall be used after passing the examination by the people's measurement administrative department at a higher level. Enterprises and institutions may establish the measurement standard instruments used by the unit according to their needs, and the highest measurement standard instruments shall be used after passing the examination presided over by the relevant people's measurement administrative department. Metrological verification work should be carried out in accordance with the principle of economic reasonableness and in the nearest place.

    Metrological verification must be carried out in accordance with the national metrological verification system table. The national metrology verification system table shall be formulated by the administrative department of metrology.

    Legal basis. Labor Law of the People's Republic of China Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

    Labor Contract Law of the People's Republic of China Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

  2. Anonymous users2024-02-06

    If the company delays the payment of wages for a long time, you can terminate the labor contract with financial compensation. According to Article 38, Paragraph 2 of the Labor Contract Law, if the employer fails to pay the labor remuneration in full and in a timely manner, the employee may terminate the labor contract.

    In accordance with the provisions of Article 46, economic compensation shall be paid to the workers. 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. 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.

    You can be financially compensated for three months' salary.

  3. Anonymous users2024-02-05

    Legal Analysis: Late payment of wages does not necessarily entail the payment of compensation. Compensation is only required if wages are in arrears without reason and are still not paid after being ordered to do so by the labour inspectorate.

    1.Wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.

    Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented. 2.For workers who have completed one-time temporary work or a specific job, the employer shall pay wages to the employee after the completion of the labor task in accordance with the relevant agreement or contract.

    3.When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.

    Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay the employee additional compensation according to the standard of 50% to 100% of the amount payable: (1) Failure to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

  4. Anonymous users2024-02-04

    If the company has delayed the payment of wages for several consecutive months, do we have the right to terminate the employment contract? The company has been in arrears of wages and can terminate the contract. Wage arrears are a common problem, and workers can solve them by the following methods: 1. Report to the labor administrative department before learning about the trouble (usually the labor management inspection team).

    2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, all will be borne by the company). 3. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter. 4. In accordance with the provisions of the state, in the case of arbitration or litigation, you may request that in addition to the full payment of the employee's wages and remuneration within the specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid.

    According to Article 38 of the Labor Contract Law, an employee may terminate an employment contract under any of the following circumstances:

    1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

    2) Failure to pay labor remuneration in full and in a timely manner;

    3) Failure to pay social insurance premiums for workers in accordance with the law;

    4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

    5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

    6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. The above is the answer given to you by the lawyer, I hope the above will help you solve your problem.

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