Under what circumstances can an employee claim severance when he or she leaves his or her job?

The circumstances in which an employee claims economic compensation are:

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) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

6) The employer proposes to terminate the labor contract to the employee in accordance with this Law and the labor contract is terminated through consultation with the employee;

7) 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;

8) The worker is not competent for the job, and is still incompetent for the job after training or job adjustment;

9) 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;

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

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

12) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

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

Legal basis] According to Article 46 of the Labor Contract Law, 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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

6) Termination of the labor contract 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.

workers are "forced to leave their jobs"; The employer proposes to terminate the contract; Non-fault termination of the contract by the employer; The employer lays off employees in accordance with law; The employer does not renew the contract; Termination of the contract due to bankruptcy and other reasons; The employer dismisses the employee who refuses to contract; The deadline is to complete a certain work task. In the above eight resignation situations, no one can be less than a cent of severance payment.

1. Workers are "forced to leave their jobs".

Generally speaking, there is no economic compensation for an employee to terminate an employment contract on his or her own initiative, but according to Article 38 of the Labor Contract Law, an employee may unilaterally terminate the employment relationship at any time when the employer violates certain illegal circumstances. In this case, the employer shall still pay economic compensation to the employee even if the employee proposes to terminate the employment contract.

2. The employer proposes to terminate the contract.

Article 36 of the Labor Contract Law stipulates that an employer and an employee may terminate an employment contract if they reach an agreement through consultation. If the employer proposes to terminate the labor contract to the employee in accordance with the provisions of the law and the employee agrees to terminate the labor contract through consultation, it shall pay economic compensation. It can be seen that when the labor contract is terminated by consensus, the key to whether the employee can request the employer to pay severance is the party who proposes to terminate the labor contract.

If the request for termination of the employment contract is made by the employer, the employer shall pay severance in accordance with the law. If the claim is made by the employee, the employer is not required to pay compensation.

3. Non-fault termination of the contract by the employer.

The so-called non-fault termination refers to the three circumstances stipulated in Article 40 of the Labor Contract Law: (1) the employee is sick or injured not due to work, and is unable to perform 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 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 any of the above 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, but shall pay economic compensation.

Legal analysis: The situation in which the employee claims economic compensation is not provided with labor protection or working conditions in accordance with the labor contract; Failure to pay labor remuneration in full and in a timely manner; Failure to pay social insurance premiums for workers in accordance with the law; The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees; Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify the labor contract contrary to its true intentions; Where the employer proposes to terminate the labor contract to the employee in accordance with this Law and the employee agrees to terminate the labor contract through consultation; 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; The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; 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; reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law; The employer is declared bankrupt in accordance with law; The employer's business license has been revoked, ordered to close down, revoked, or the employer has decided to dissolve ahead of schedule; Other circumstances provided for by laws and administrative regulations.

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 employee 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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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; 6) Termination of the labor contract 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.

Legal analysis: The situation in which the employee claims economic compensation is not provided with labor protection or working conditions in accordance with the labor contract; Failure to pay labor remuneration in full and in a timely manner; Failure to pay social insurance premiums for workers in accordance with the law; The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees; Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify the labor contract contrary to its true intentions; Where the employer proposes to terminate the labor contract to the employee in accordance with this Law and the employee agrees to terminate the labor contract through consultation; 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; The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; 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; reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law; The employer is declared bankrupt in accordance with law; The employer's business license has been revoked, ordered to close down, revoked, or the employer has decided to dissolve ahead of schedule; Other circumstances provided for by laws and administrative regulations.

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 employee 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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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; 6) Termination of the labor contract 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.