How to compensate for dismissal before the expiration of the labor contract

The employer shall pay economic compensation and seniority wages to the laborers.

When the labor contract expires, the employer does not renew the labor contract, and needs to pay economic compensation (seniority salary) to terminate the labor relationship with the employee.

If the employee does not agree to renew, it can be regarded as equivalent to his resignation, and he cannot claim compensation from the employer. However, if the employer proposes to renew the contract on the premise of reducing the salary, the employee may refuse and demand the payment of economic compensation.

According to Article 82 of the Labor Contract Law, if the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, the employer shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Legal analysis: If both parties agree to terminate the contract through consultation, the economic compensation shall be paid to the employee according to the number of years the employee has worked in the employer and the standard of one month's salary for each full year. If the employer unilaterally dismisses without a legitimate reason, it needs to pay double the compensation according to the above standard.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 To establish a labor relationship, a written labor contract shall be concluded by the group. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

1.How to compensate for dismissal before the expiration of the labor contract?

1.If the employer terminates the labor contract after negotiation between the two parties, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of the employee's service in the employer, but not more than 12 months. If the working time is less than one year, compensation shall be paid according to the standard of one year.

2.The burden of proof shall be borne by the employer in the event of a labor dispute arising from the employer's decision to remove, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the employee's working years, etc. So, although the employment contract is kept by the company's personnel, you don't have to worry too much.

3.Unemployed persons who meet the following conditions can receive unemployment insurance benefits:

1) Participate in unemployment insurance in accordance with regulations, and the unit and the person have fulfilled the obligation to pay contributions in accordance with the provisions for one year;

2) Interruption of employment not due to the person's will;

3) Have been registered as unemployed and have a need to seek employment.

2. How to calculate the severance payment for dismissal?

How much economic compensation should be received for employees who are dismissed by the company has always been a concern of the majority of personnel departments and workers. How many situations should be considered in order to finally get the employee's compensation? This article explains this case in detail:

1.Financial Compensation.

If an employee is dismissed by the company, it is a termination of the labor contract between the two parties by the employer under the labor law. Although it is a case where the contract will not be renewed upon expiration, if the employment relationship is terminated, there should also be economic compensation. The reasons have already been described in a feature article on labor law.

If you need to know, you can click to see what is the relationship between the expiration of the contract and the non-renewal of the contract to continue working?

According to Article 5 of the Measures for Economic Compensation for Breach and Termination of Labor Contracts, "if the employer terminates the labor contract by the parties to the labor contract through consultation, the employer shall pay the employer an economic compensation equivalent to one month's salary for each full year, up to a maximum of 12 months." ”

From the above description, we can know that he worked in this unit for 2 years and 10 months. According to the regulations of the Ministry of Labour, he should be compensated with two months' salary. If it is within the jurisdiction of Shanghai, in accordance with Article 45 of the Regulations of Shanghai Municipality on Labor Contracts:

In this case, you can get three months' salary as compensation.

2.How is the salary in severance money calculated?

The specific situation depends on the local regulations and policies.

The labor law mainly protects workers, but if their legal rights are violated by the employer, and they do not apply for labor arbitration or report, then the state will not deal with it. So first of all, we must raise our awareness of self-protection. As long as our legal rights are threatened, we can use the law to defend them.

What is the standard? 1. What is the compensation standard for dismissal before the expiration 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 compensation method is different according to the reason for termination.

1. If both parties agree to terminate the contract through consultation, the severance shall be paid to the worker according to the standard of one month's salary for each full year of the worker's service in the unit. if it is more than six months but less than one year, it will be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. The monthly wage referred to here refers to the average wage of an employee in the 12 months prior to the termination or termination of the labor contract, which is calculated according to the wages payable.

2. If the unit unilaterally dismisses without a legitimate reason, it needs to pay double the compensation according to the above standards. Article 39 of the Labor Contract Law provides that an employer may terminate a labor contract if an employee falls under any of the following circumstances: 1) the employee is proved to be ineligible for employment during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes a labor relationship with another employer at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request; (5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

Article 47 Economic compensation shall be paid to the laborer at the rate of one month's salary for each full year of service in the unit. 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. Article 87 If 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 standard of economic compensation stipulated in Article 47 of this Law.

2. How does the latest "Labor Law" stipulate that if the contract is not renewed upon expiration, how to compensate? If the contract expires and the employer does not renew it, or if the contract benefits are reduced and the contract is not renewed, the employer may be required to pay compensation according to the number of years of service, and one month's salary for each year of service, and the average salary of the 12 months before resignation shall be used as the compensation standard. Based on the above, the new "Labor Contract Law" is very high to ensure the interests of citizens, therefore, how to pay compensation for dismissal before the expiration of the labor contract?

It depends on how you signed the contract with the company at that time, and everything is done according to the contract, so you must have a good understanding of the new "Labor Law" before entering the work, so as not to be deceived and suffer losses at that time, and use the law to protect your own interests.

If the labor contract signed with the company has not reached the time limit and the company dismisses him without reason, he can claim compensation from him, and the specific circumstances are divided into the following types: 1. If the two parties have agreed on compensation, the compensation shall be determined according to the agreement The compensation determined by the root liquid foundation according to the negotiation between the parties is the most time-saving and energy-saving way to resolve the dispute between the two parties, therefore, if the employee and the employer have the agreed compensation when signing the labor contract, it will be handled in accordance with the agreement. 2. One month's wages payable with advance notice According to Article 40, under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the employee 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) Where 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 worker fail to reach an agreement on changing the content of the labor contract after consultation. Therefore, if the employer notifies the employee 30 days in advance of the above three circumstances, it needs to pay one month's salary before terminating the labor contract. 3. Double Compensation for Termination Without Reason If an employer actually violates the provisions of the Labor Law and causes the termination of the labor contract, it shall compensate the worker twice the standard of economic compensation.

Article 87 of the Labor Contract Law stipulates that if 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.

Summary. Hello dear, it is a pleasure to serve you <>

The compensation for dismissal before the expiration of the labor contract is as follows: if the employee has seriously violated the rules and regulations of the employer; If the employee is dismissed for fault such as being investigated for criminal liability, no compensation is required. If the employee is dismissed under the circumstances provided for in Article 46 of the Labor Contract Law, the employee shall be compensated according to the number of years of service in the employer, and shall be paid one month's salary after one year of service, and if it is less than one year and six months, it shall be calculated as one year.

How to compensate for dismissal before the expiration of the labor contract.

Dear, hello, it is a pleasure to serve you [Happy Dan Qiye]<> The compensation for dismissal before the expiration of the labor contract is as follows: if it is because the employee has seriously violated the rules and regulations of the unit; If the employee is dismissed for fault such as being investigated for criminal liability, no compensation is required. If the employee is dismissed under the circumstances provided for in Article 46 of the Labor Contract Law, the employee shall be compensated according to the number of years he has worked as a model worker in the unit, and shall be paid one month's salary after one year of service, and if it is less than one year and six months, it shall be calculated as one year.

Extended information: 1. The employee proposes to terminate the labor contract and reaches a consensus with the employer to terminate it; 2. The employee is proved to be ineligible for employment during the probationary period and is terminated; 3. The employee is terminated for serious violation of the rules and regulations of the employer; 4. The laborer, serious dereliction of duty, malpractice for personal gain, causing major damage to the employer and being dismissed; 5. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections and is terminated after being proposed by the employer; 6. The labor contract is invalid due to the fault of the employee and is terminated; 7. The worker is dismissed from criminal liability in accordance with the law; 8. The fixed-term labor contract is terminated upon expiration, and the employer maintains or raises the conditions of the labor contract to renew the labor contract, and the employee does not agree to renew it; 9. The dissolution or termination of the labor contract of non-full-time employment; 10. Within one month from the date of employment, if the employee does not enter into a written labor contract with the employer after being notified in writing by the employer, the employer terminates the labor relationship with the employee in accordance with the law; 11. If the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law and pays compensation in accordance with the law, it shall not pay economic compensation; 12. The labor contract is terminated because the worker begins to enjoy the basic old-age insurance benefits in accordance with the law.

The solution is as follows:

1.If the employer dismisses the employee without cause and does not pay any economic compensation, it can be determined that the employer's behavior falls under the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and it shall pay twice the compensation, that is, you will be paid 2 months' salary for each year of service.

2.If the employee meets the requirements of Article 46 of the Labor Contract Law, he or she can receive the corresponding economic compensation according to the statutory compensation standard, that is, one month of seniority compensation for each year of service.

3.If the employee is dismissed due to his own negligence, non-compliance with employment conditions, etc., the employer does not need to compensate him.

When the contract has not expired and the employee is dismissed, the employee can choose to file a complaint with the relevant labor department or directly apply for arbitration if the negotiation with the employer fails.

1. If you are dismissed by the company without reason, you should ask for some compensation.

If you are dismissed by the company without cause, what compensation should be claimed depends on the specific situation

1. If an employee is dismissed without cause, the unit needs to pay double the economic compensation according to law;

2. If it is an economic layoff, the unit needs to pay economic compensation according to the standard of one month's salary for each year of work.

The consequences of leaving without resignation are as follows:

1. The employee shall be liable for compensation for the direct economic losses caused to the employer by violating the law;

2. If a worker terminates the labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, he shall be liable for compensation.

2. How to compensate for being dismissed by the unit for one year and three months.

If the employer dismisses the employee without cause, the employee may request the employer to pay compensation for the illegal termination. The compensation is twice as much as the severance payment. The severance shall be paid according to the number of years of service of the worker in the employer, one month's salary for each year of service, one month for six months but less than one year, and half a month for less than six months.

Article 87 of the Labor Contract Law stipulates that if 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.