I have worked in a company for 40 years, and the company has terminated my employment relationship,

The current employer shall pay 14 months' wages and economic compensation.

The worker was laid off because the original unit stopped production and worked for the current unit for 14 years, and the labor relationship with the current unit is the same. If the current employer is dissolved and the labor relationship is terminated, the current employer shall pay the employee one month's salary and severance every year according to the number of years of service in the employer, and shall pay 24 months' salary.

The wages of the employee for calculating the severance shall be calculated on the basis of the average wages due to the employee in the 12 months prior to the termination of the contract, including hourly wages, piece-rate wages, various subsidies and allowances, overtime wages, bonuses and wages paid under special circumstances. If the salary is higher than 3 times the average wage of local employees, it shall be calculated at 3 times the average salary of local employees, and if it is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard.

Supreme People's Court.

Interpretation on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III).

Legal Interpretation 2010 No. 12).

Article 8 Where an enterprise has a person on leave without pay, a retired employee who has not reached the statutory retirement age, a laid-off employee who is waiting for work, and a person who is on a long vacation for the purpose of an enterprise's operational suspension of production, and initiates a lawsuit with the people's court in accordance with law due to an employment dispute with a new employer, the people's court shall handle it in accordance with the labor relationship.

Labor Contract Law

Article 44 The labor contract shall be terminated under any of the following circumstances:

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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 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.

It must be paid, as if it is a year's and a month's salary.

1. Employees who have worked continuously for 14 years shall sign an indefinite labor contract with the employer.

According to Article 14 of the Labor Contract Law, an employer and an employee may enter into an indefinite term employment contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years.

2. Where an indefinite-term labor contract is signed, the employer generally cannot terminate the labor provisions with the employee unless the employee has the provisions of Article 39 of the Labor Contract Law, or the employee agrees to terminate the relationship after negotiation.

Article 39 stipulates that an employer may terminate an employment contract if an 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 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.

In other words, if an employee violates or violates Article 39, the employer may terminate the employment contract even if the employee has signed an indefinite employment contract with the enterprise.

3. In the case of economic layoffs, if an indefinite-term labor contract is signed, priority shall be given to retaining the employee, and the layoff plan may be reduced after reporting to the labor administrative department; Re-recruitment, under the same conditions, shall be given priority.

Article 41 of the Labor Law stipulates that in any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 but more than 10% 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 employees, the personnel reduction plan may be reduced 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.

When reducing personnel, priority shall be given to retaining the following personnel:

1) Entering into a fixed-term labor contract with the unit for a longer period of time;

2) Entering into an indefinite labor contract with the unit;

3) There are no other employed persons in the family, and there are elderly or minors who need to be supported.

Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.

The employment relationship can be terminated unilaterally.

The premise is that you have a bad working attitude.

Or it is a huge loss to the company.

Or maybe you have signed an employment contract with another company.

If there is no question like the one above.

It is recommended that you go to court to file a claim for compensation.

Because then the company is violating the labor agreement.

Hope it helps.

If the reason for the termination of the employment contract by the company is in line with the provisions of the Labor Contract Law, the company shall pay you severance for 13 months, which shall be determined by the average monthly salary of the 12 months before you leave the company.

If the monthly wage is three times higher than the average monthly wage of employees in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the company is located, the standard of economic compensation shall be paid at three times the average monthly salary of the employee, and the maximum period of payment of economic compensation shall not exceed 12 years. That's 12 months of severance payments.