I have signed an indefinite contract and I have 5 years left before retirement Does the company have

1.It depends on the situation, under normal circumstances, if you have worked in the company for 15 years and the retirement age is less than five years, the employer cannot easily terminate the contract.

Article 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

Article 40 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 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) 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.

Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the employees, it may reduce the number of personnel after reporting to the labor administrative department:

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

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

The circumstances in which the contract cannot be terminated here are conditional, referring to the circumstances of Article 40 and Article 41, and the contract can still be terminated if there are 39 cases.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on 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.

It is important to be precise whether retirement is less than 5 years or more than 5 years away.

After reading these two laws and regulations, you will be able to answer your own questions, and maybe even solve the problems you didn't find.

Come back to me if you have any questions.

And hi will do.

Yes, the corresponding compensation is sufficient.

The enterprise has the right to dismiss the employee after the expiration of the contract, and if the contract is still within the contract period, it shall pay the corresponding compensation.

If the employee is 5 years away from the statutory retirement age and has worked for the company for 15 consecutive years, the employee cannot be dismissed without fault at this time, and the employee cannot be dismissed in economic layoff. However, if the dismissal is based on fault, it is actually possible, and the contract can be terminated at this time. If there are 5 years left before retirement, the labor contract can also be terminated.

Under normal circumstances, if an employee has worked for the employer for 15 consecutive years and is less than five years away from the statutory retirement age, the employer may not terminate the labor contract, however, if the employee has one of the circumstances prescribed by law, the employer may terminate the labor contract in accordance with the relevant regulations, even if the employee has been retired for less than 5 years, and is not required to pay a certain amount of economic compensation to the employee.

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. To establish a labor relationship, a written labor contract shall be concluded.

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. The employer and the employee may terminate the labor contract if they reach an agreement 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;

Legal basis

Labor Contract Law of the People's Republic of China

Article 40 In any of the following circumstances, the employer may terminate the labor contract after notifying the worker in writing or in friendly form 30 days in advance or paying the worker 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) 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 negotiation.

Labor Contract Law of the People's Republic of China

Article 42, Paragraph 5, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law

Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age.

Signed an indefinite contract, there are 4 years before retirement, can the company terminate the labor contract, the company terminates the labor contract without reason is an illegal termination of the labor contract, the company should pay compensation to the employee according to twice the economic compensation standard Hello, happy for your question, the company can terminate the labor contract with you through negotiation, but you need to compensate for your losses. Article 48 of the Labor Contract Law of the People's Republic of China stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law, and 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 provided for in Article 47 of this Law.

Summary. In the case of dismissal without cause, severance shall be paid to the employee at the rate of one month's salary for each full year of the employee's service in the employer. 2. If it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

3. 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 shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is 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. 4. If the unit unilaterally dismisses without a legitimate reason, it needs to pay double the compensation according to the above standard.

I signed an indefinite contract, and I have 5 years to retire, and now the company unilaterally wants to terminate the labor relationship.

Hello, consult a lawyer at your service.

If there are no statutory circumstances, the employer cannot terminate the labor contract. Statutory circumstances for the employer to terminate the labor contract: According to Article 36 of the Labor Contract Law, "the employer and the employee may terminate the labor contract if they reach a consensus through consultation", it can be seen that the employer can legally terminate the contract if both parties agree through consultation.

Ask us. So what is your current problem, the company cannot terminate the labor relationship without reason.

Older. I am a part-time worker in Shanghai.

In the case of dismissal without cause, severance shall be paid to the employee at the rate of one month's salary for each full year of the employee's service in the employer. 2. If it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. 3. 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 shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is 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. 4. If the unit unilaterally dismisses without a legitimate reason, it needs to pay double the compensation according to the above standard.

This reason for dismissal is not valid.

Older age as a reason.

You can apply for labor arbitration for this reason, unless your employer stipulates otherwise.

Originally, it was now an open-ended contract.

However, the employer's reason for dismissal is normally untenable, unless the employer itself has such a provision.

I've been transferred twice.

There is still a difference between transfer and dismissal, and the dismissal requires the other party to give a reasonable reason for dismissal.

Summary. We are happy to answer for you: there are still 5 years before retirement, and the voluntary termination of the contract with the company needs to be decided on a case-by-case basis.

Generally speaking, if an employee encounters great difficulties or serious occupational fatigue at work, or has already planned to retire, he or she can consider voluntarily terminating the labor contract with the enterprise. However, there are a few things to consider before making a decision:1

Is there a better solution than a voluntary rescission of the contract? 2.Will the voluntary termination of the contract have a negative impact on work experience and career development?

3.Do you have enough financial security to be able to sustain yourself? 4.

Is the voluntary termination of the contract in accordance with the company's policies and laws and regulations? Before making a decision, it is advisable to consult the company, lawyer or relevant departments to fully understand your rights and responsibilities and avoid unnecessary risks and losses arising from the termination of the contract.

Is it appropriate to voluntarily terminate the contract with the company if there are 5 years left before retirement?

We are happy to answer for you: there are still 5 years before retirement, and the voluntary termination of the contract with the company needs to be decided on a case-by-case basis. Generally speaking, if an employee with Zhengguo encounters great difficulties in his work or has serious occupational fatigue, or has plans to retire, he or she can consider voluntarily terminating the labor contract with the enterprise.

However, there are a few things to consider before making a decision:1Is there a better solution than a voluntary rescission of the contract?

2.Will voluntary termination of a contract have a negative impact on work experience and career development? 3.

Do you have enough financial security to be able to sustain yourself? 4.Is the voluntary termination of the contract in accordance with the company's policies and laws and regulations?

Before making a decision, it is advisable to consult the company, lawyer or relevant departments to fully understand your rights and responsibilities and avoid unnecessary risks and losses arising from the termination of the contract.

When traveling, you must do your own epidemic prevention safety and wear a mask, I hope mine can help you.

If the retiree terminates the contract and cannot dismiss the employee after 5 years of resignation before retirement, but the employee seriously violates the rules and regulations of the unit, causes major damage to the unit or establishes other labor relations at the same time, and refuses to make corrections after the employer proposes it, the employer may unilaterally dismiss him.

Article 21 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China If the employee reaches the statutory retirement age, the labor contract shall be terminated. The ants burned.