If the company has terminated the employment relationship before dissolution, can it still enjoy fin

If the company terminates the labor contract relationship, it needs to compensate the employee accordingly. Such as:

1. If the employer terminates the labor contract after consultation between the parties to the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year according to the employee's working years in this order, which is similar to that of the employee's mu, and shall not exceed 12 months. If the working time is less than one year, severance shall be paid at the rate of one year.

2. If a worker is sick or injured not due to work, and the labor appraisal committee confirms that he is unable to perform his original job or perform other work arranged by the employer and terminates the labor contract, the employer shall pay him an economic compensation equivalent to one month's salary for each full year of his or her service in the employer, and shall also pay a medical subsidy of not less than six months' salary. In the case of serious illness and terminal illness, the medical subsidy fee shall also be increased, and the increase in the amount of serious illness shall not be less than 50% of the medical subsidy fee.

1. Dismissal of employees during the contract period.

If the employer terminates the labor contract after consultation between the parties concerned, 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, up to a maximum of 12 months, and if the working time is less than one year, the compensation shall be paid at the rate of one year. The employer shall bear the burden of proof 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.

2. How to compensate for the termination of the labor contract after the expiration of sick leave.

1. If the employer proposes to terminate the labor contract upon the expiration of sick leave, it shall pay one month's salary as economic compensation for every full year according to the employee's years of service in the employer, and pay one month's salary for less than one year.

2. If a worker is sick and is unable to work normally after the expiration of the prescribed medical treatment period, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee one month's salary.

Article 21 of the Labor Contract Law of the People's Republic of China stipulates that during the probationary period, the employer shall not terminate the labor contract unless the employee falls under the circumstances specified in Article 39 and Article 40, Paragraphs 1 and 2 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee. Article 39 of the Labor Contract Law of the People's Republic of China provides that the employer may terminate the labor contract if the employee 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 harm 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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

1. If the company terminates the labor contract, if the employee has worked for one year, he or she shall pay one month's salary as compensation, and if the contract is terminated illegally, double the economic compensation shall be paid.

2. Legal provisions: Labor Contract Law of the People's Republic of China

Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the laborer according to the number of years he or she has worked in the unit and the standard of 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.

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.

Article 87 [Legal Liability for Violation of Dissolution or Termination of Labor Contract] 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 standard of economic compensation provided for in Article 47 of this Law.

1. What are the conditions for the termination of the labor contract?

1. The labor contract expires;

2. The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3. The worker dies, or is declared dead or missing by the people's court;

4. The employer is declared bankrupt in accordance with the law;

5. The business license of the employer has been revoked, ordered to close or revoked, or the employer has decided to dissolve in advance;

6. Other circumstances stipulated by laws and administrative regulations.

7. Upon the expiration of the labor contract, if the employee has any of the following circumstances, the labor contract shall be renewed and terminated when the corresponding circumstances disappear:

1) Workers engaged in operations that expose occupational disease hazards have not undergone pre-departure occupational health examinations, or suspected occupational disease patients are under diagnosis or medical observation;

2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (The termination of the labor contract in this case shall be carried out in accordance with the relevant provisions of the state on work-related injury insurance).

3) Sick or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

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

6. Other circumstances stipulated by laws and administrative regulations.

Employees who are dismissed by the company can receive financial compensation. Severance is a one-time economic subsidy paid by the employer to the employee in accordance with the law after the termination or termination of the labor contract. When the employer terminates the labor contract with the employee, it shall pay a certain amount of severance in a lump sum according to a certain standard.

1. The concept of dismissal compensation.

Termination compensation is the economic compensation given to the employee when the employer terminates the labor contract. The dismissal compensation is a one-time economic subsidy paid by the employer to the employee after the termination or termination of the labor contract. Chinese laws are generally called "economic compensation", the French "Labor Code" is called "severance compensation", and the Russian "Labor Code" is called "dismissal payment".

China's Labor Law and the Measures for Economic Compensation for Violation and Termination of Labor Contracts (hereinafter referred to as the "Economic Compensation Measures") promulgated by the Ministry of Labor in 1994 stipulate that when an employer terminates a labor contract with an employee, it shall pay a certain amount of dismissal compensation in a lump sum according to a certain standard.

2. What is the latest economic compensation?

Severance is a one-time severance paid by an employer to an employee after the termination or dissolution of a labor contract.

Severance is paid to the worker at the rate of one month's salary according to the number of years of service in the employer. Severance and indemnity are two different concepts. Severance refers to the compensation paid by the employer to the employee in the form of money in accordance with the conditions and standards prescribed by law when the employer dissolves or terminates the labor contract with the employee without fault of the employee.

Judging from the nature and applicable circumstances of the two, compensation is applicable to the situation where the employer illegally terminates the labor contract, and severance is applicable to the situation where the employer dissolves or terminates the labor contract in accordance with the law, and the two cannot be applied at the same time. Severance refers to a one-time economic subsidy paid by the employer to the employee in accordance with the law when the labor contract is dissolved or terminated without fault of the employee.

3. If the contract expires and the unit has not renewed it, should it be compensated for the arrears of wages?

If the work contract expires and the employer does not renew it, financial compensation is required. The so-called severance payment is the severance given to the employee when the employer terminates the labor contract. Severance is a one-time subsidy paid by the employer to the employee in accordance with the law after the termination or termination of the labor contract.

When the employer terminates the labor contract with the employee, it shall pay a certain amount of severance in a lump sum according to certain standards.

Legal analysis: Whether a company needs compensation for terminating an employment relationship depends on whether it is an illegal or legal termination. If the company dismisses an employee in violation of the provisions of the Labor Contract Law, it must not only pay severance but also pay twice the severance as compensation.

If the company dismisses the employee negligently, that is, the labor contract is legally terminated, only compensation needs to be paid, and no compensation is required.

Legal basis: Labor Contract Law of the People's Republic of China Article 46 In any of the following circumstances, the employer shall pay economic compensation to the employee: (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 agrees with the employee to terminate the labor contract through consultation; (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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.