The labor contract has not expired for three years, and the company proposes to terminate it, how to

According to Article 87 of the Labor Contract Law, if the employer dissolves or terminates the 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. In addition, economic compensation shall be paid to the worker at the rate of one month's salary for each full year of service in the employer. 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 severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance 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.

According to the Labor Contract Law.

stipulates that the employer negotiates with you.

Termination of the employment contract.

You should be paid one month's salary for each full year of your work (if it is more than half a year but less than one year, it will be counted as one year; If it is less than half a year, half a month's salary will be paid).

Severance payments.

If the employer terminates the labor contract in violation of the law, it shall pay you compensation at twice the standard of economic compensation.

1. If the company is demolished, if you move to a new place, you also agree to continue to work there, there is no economic compensation.

2. The company is demolished and no longer continues to operate; Or if you move to a new place after demolition, and the employer negotiates with you, and you are unwilling to work in the new place, it is a case of mutual agreement between the two parties, and the termination of the labor contract proposed by the employer should be given to you according to your length of service in the employer. Three years are converted into three months' salary.

Yes, but only if you have a formal reason and provide financial compensation to the employee.

In general, most companies sign a very reasonable employment contract with their employees, and the contract clearly stipulates the duration of cooperation between the two parties. Some employees will sign a three-year labor contract with the company, and at the same time, the employee needs to complete the internship period according to the term of the labor contract before the two parties formally sign the labor contract.

However, some employers apply to employees for termination of the labor contract in advance, in fact, as long as the company makes a certain amount of economic compensation and pays the corresponding salary compensation. The company and the employer may terminate the contract in a reasonable manner, but they must uphold the principle of respecting each other.

In order to further protect the legitimate rights and interests of employees, most companies will pay employees three months' wages before terminating their employment contracts. In addition, large companies will pay financial compensation in accordance with relevant laws and regulations, taking into account the number of years of service of employees. In addition to this, employees can receive double compensation in exceptional circumstances.

At the same time, when employees face unreasonable termination of contracts and company actions, they can adopt labor arbitration and other schemes.

In fact, most companies are very afraid of labor arbitration. However, labor arbitration can protect the legitimate rights and interests of employees, and avoid some companies from incorrectly compensating and compensating employees because they do not understand labor laws. In addition, it is important to understand some of the labor laws so that you can avoid having to deal with difficult labor relations and other problems.

In general, according to the relevant laws of China, a company can indeed terminate an employment contract for formal reasons, but it will incur a large amount of compensation and wages. In addition, in the face of unreasonable termination of labor contracts, it is essential for employees to protect their rights and prevent the company from becoming more aggressive.

If the contract period is not reached, if the termination of the labor contract is proposed, if it is under the condition of the permission of both parties, of course, the Huai book is not violated, but if the excavator does not agree, then lead Sanhong has to negotiate compensation.

If the three-year labor lease has not expired, the operating unit can request to terminate the labor contract; That needs to be compensated, because at this time the staff did not have any mistakes on the part of Ling Youqingchan.

If the contract expires, the employer may terminate the employment contract, but will compensate the employee for a part of the money in accordance with the terms of the employment contract.

Legal analysis: If the employee agrees to leave the company, the company compensates = 3 months' salary (more than two and a half years of work, less than two and a half years will be paid), and if the employee is not notified one month in advance, the company will pay the employee another month. If there is no statutory unilateral termination, the employee can also request to continue the employment relationship.

Legal basis: Labor Contract Law of the People's Republic of China

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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 the employee returns within six months, he or she shall be compensated with 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 severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The monthly wage mentioned in this article refers to the average salary of the employee in the 12 months prior to the termination or termination 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 worker in accordance with twice the compensation standard for dismantling and auction as provided for in Article 47 of this Law.