Article 6 of the Measures for Economic Compensation for Violation and Termination of the Labor Law

Compensation should be awarded.

Article 26 of the Labor Law of 95 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

Article 1 stipulates that a worker who is sick or injured not due to work, and is unable to engage in his original job or work arranged by the employer after the expiration of the medical treatment period;

Article 28 Where an employer terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall give economic compensation in accordance with the relevant provisions of the State.

For economic compensation, refer to the "Measures for Economic Compensation for Violation and Termination of Labor Law" mentioned by you

The new Labor Contract Law also mentions this note:

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;

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (3) the employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

If the negotiation fails, you can also apply for arbitration, and I hope you can take up the law to protect yourself.

You can go to your local labor department for advice.

You can apply for the appraisal of the work ability level for non-work-related injuries.

1. What are the latest economic compensation measures for violation and termination of labor contracts?

1) The employer terminates the labor contract in accordance with the law.

1.Severance payment for negotiated termination = years of service and monthly salary (more than 12 years will be counted as 12 years).

2. Severance for dismissal due to illness or non-work-related injury = working years, monthly salary, medical subsidy (not less than 6 months' salary, 50% for serious illness, plus 100% for terminal illness).

3.Disqualification severance = years of service Monthly salary (more than 12 years will be counted as 12 years).

4.Economic compensation for objective changes = years of service months of work.

5.Severance for economic redundancy = years of service x monthly salary.

6.Late payment of severance = original severance plus severance (50% of the original severance payment).

2) The employer does not pay severance payments.

Indemnity = Sum of severance payments n = years of service Monthly salary (n 1.)

3) Compensation for the illegal termination of the contract due to the employer's failure to sign the contract or the invalid contract is 1 = 25% of the salary due 2 = 25% of the medical expenses.

Calculation and basis of severance and wage standards for the termination of labor contracts by employees.

1) Compensation for illegal termination = employment expenses, training expenses, direct economic losses and other agreed compensation costs.

2) Compensation for the employee's breach of confidentiality clause = reasonable investigation costs for the losses of the infringed operator (or the profits obtained by the infringer due to the infringement).

Two. What are the conditions for liability for breach of contract?

1) There must be the fact of non-performance of the contract (which is the premise for determining the liability for breach of contract), mainly including:

1.Where one party fails to pay the price or remuneration;

2.The parties delay the payment of the price or remuneration;

3.One party fails to perform non-monetary debts or the performance of non-monetary debts does not conform to the agreement;

4. The quality does not meet the agreement.

2) The fact of non-performance of an economic contract must be due to the fault of one or both parties. The fault of the parties can be divided into intentional breach of contract and negligent breach of contract:

Intentional breach of contract: It refers to the fact that the parties know that one of their actions will cause adverse consequences to the performance of the contract, but allow such acts to occur (such as receiving goods, refusing loans without reason, etc.). );

Breach of contract: refers to the fact that the parties should have foreseen that some of their actions might have adverse consequences for the performance of the contract, but failed to foresee them due to negligence; or have foreseen but believe that such consequences could be avoided, but fail to take necessary measures, resulting in the occurrence of consequences, resulting in non-performance or incomplete performance of contractual obligations. However, whether it is an intentional breach of contract or a negligent breach of contract, it is liable for breach of contract.

As long as the employer violates the law and the employee terminates the labor contract, the employee shall be paid severance according to the specific working years of the employee, and the severance shall also be determined according to the specific working years of the employee in the original employer. As long as the worker has worked for the original employer for one year, he or she shall be paid twice his salary as economic compensation.

[Legal Analysis]: The Measures for Economic Compensation for Breach and Termination of Labor Contracts are formulated in accordance with the provisions of the Labor Law of the People's Republic of China to standardize the standards of economic compensation for employees for violation and termination of labor contracts. It was promulgated by the Ministry of Labor on December 3, 1994, implemented on January 1, 1995, and repealed on November 24, 2017.

The employer shall pay the severance to the employee in a lump sum. If an employer deducts or defaults on the employee's wages without reason, or refuses to pay the employee's wages and remuneration for extended working hours, it shall pay the employee an additional economic compensation equivalent to 25% of the wages and remuneration in addition to paying the employee's wages and remuneration in full within the prescribed time. If the employer pays the employee wages and remuneration lower than the local minimum wage, it shall pay an additional severance equal to 25% of the lower part while making up the lower part of the wage.

If the employer terminates the labor contract by consensus of 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 of service in the labor contract, up to a maximum of 12 months. If the working time is less than one year, severance shall be paid at the rate of one year.

The provisions of the Measures for Economic Compensation for Breach and Termination of Labor Contracts are no longer applicable to the provisions of the Labor Contract Law, and the provisions of the Labor Contract Law may be followed if the contract is terminated due to illness or non-work-related injury.

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

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

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 terminates the labor contract through consultation with the employee;

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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

6) Termination of 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.

The compensation standard for the company's violation of the labor contract is to be paid twice the severance payment. Because according to the clear provisions of our national law, if the employee is at fault, then the employer is legally dismissed, otherwise it is illegal dismissal and needs to be liable.

Legal analysis1. If both parties agree to terminate the contract through consultation, the economic compensation shall be paid to the worker and the employee according to the standard of one month's salary for each full year of the employee's 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. The monthly wage referred to here refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract, which is calculated according to the salary payable.

2. If the unit is unilaterally dismissed without a legitimate reason, it needs to pay double the compensation according to the above standards. In order to dismiss an employee, the company must have the statutory reasons stipulated in the law, and the labor contract can only be terminated after fulfilling the obligation of 30 days' notice or paying the employee one month's salary in lieu of notice. If the company insists on dismissal and does not pay financial compensation, the employee can apply to the local labor arbitration department for labor arbitration.

The labor arbitration department is located in the local social security bureau, which is specialized in handling labor disputes, which is more appropriate than going to the court to file a lawsuit, and the human resources and social security department also has the obligation to protect the rights and interests of workers.

Legal basisLabor 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 of service in the employer, and the standard of one month's salary shall be paid to the worker 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 economic compensation of half a month's salary shall be paid to the forest belt laborer. 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.

The Measures for Economic Compensation for Violation and Termination of Labor Contracts have been repealed, and the employer shall pay economic compensation or compensation in accordance with the Labor Contract Law. If the termination of a labor contract falls under one of the circumstances provided for in Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the employee; If the labor contract is terminated in violation of the law, the compensation shall be twice as much as the compensation shall be paid on the basis of economic compensation.

Article 46 of the Labor Contract Law of the People's Republic of China.

Under 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 terminates the labor contract through consultation with the employee;

The employer terminates the labor contract in accordance with Article 40 of this Law; Burn sales.

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 40 of this Law;

7) Other circumstances provided for by laws and administrative regulations.