Is the termination of labor relations in 94 by economic compensation?

If the employer terminates the employment relationship with you (or dismisses or dismisses you) in the following three situations, which of the circumstances should be paid to you but is not paid to you, you can apply for labor arbitration within one year to protect your legitimate rights and interests

1. If the employer terminates the labor relationship with you without any reason and without paying any economic compensation, you are not at fault and do not have the circumstances specified in Article 39 of the Labor Contract Law, it can be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid compensation, that is, you will be paid 2 months' salary for each year of work, 2n;

2. If the employer terminates the labor relationship with you in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and without 1 month's notice, you should also pay 1 month's salary in lieu of notice, n+1;

3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance if the employer terminates the labor relationship with you; However, this requires the employer to provide evidence and notify you in writing to terminate the employment relationship.

Labor Contract Law: Article 1.

Article 19 of the Regulations for the Implementation of the Labor Contract Law.

Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:

1) The labor contract is terminated 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) Except 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) 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.

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 economic compensation to be paid to the employee shall be three times the average monthly salary of the employee, and the maximum period of time for which the economic compensation shall be 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.

Legal analysis: 1. Negotiated termination of economic compensation = monthly salary for years of service (more than 12 years, it 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 and 100% for terminal illness).

3. Incompetent termination severance = monthly salary for working years (more than 12 years, calculated as 12 years).

4. Objective change severance = working years and monthly salary.

5. Economic layoff severance compensation = working years and monthly salary.

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

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 A written labor contract shall be concluded for the establishment of labor relations. If an employment 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.

There are three forms of termination of labor contract by the employer, and the compensation standard is different for different forms, and the employee should judge the amount of compensation based on his own actual situation and the provisions of the labor law.

1. Termination through negotiation.

2. Wrongful termination of labor contract.

1. The worker is proved to be ineligible for employment during the probationary period;

2. The worker seriously violates labor discipline or the rules and regulations formulated by the employer in accordance with the law, and the labor contract may be terminated in accordance with the law or in accordance with the labor contract;

3. The worker is seriously derelict in his duties or commits fraud for personal gain, causing major damage to the interests of the employer;

4. The worker has been re-educated through labor or investigated for criminal responsibility;

5. Other circumstances under which the employer may terminate the labor contract at any time as stipulated by laws and regulations.

The above fault dismissal does not require advance notice and no compensation is required, but sufficient evidence must be collected.

3. Non-fault termination of labor contract.

1. The worker is sick or injured not due to work, and cannot perform the original job or other work arranged by the employer after the prescribed medical treatment period expires.

2. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment.

3. The objective circumstances at the time of the conclusion of the labor contract have changed significantly, 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.

For the above non-fault termination, the employer shall notify the employee in writing 30 days in advance, and terminate the labor contract after paying one month's salary (in lieu of notice), and shall also pay compensation, which shall be calculated according to the length of service, one month for one year, and half a year for less than one year. The landlord can see which way the dismissal by the company belongs to in combination with his own actual situation, if it is a fault termination, there is no compensation, if it is a non-fault termination, he can ask for the payment of pending notice and compensation.

Requirements for receiving unemployment insurance benefits: Unemployment benefits can only be applied for when the labor contract expires, the employer does not renew it, or is dismissed by the employer. Of course, all the prerequisites are that unemployment insurance can only be paid for one year without interruption (until the time of application).

The landlord can see whether there is unemployment insurance money in combination with his own reality, which can be handled by the human resources department of the unit.

Before the implementation of the Labor Law, labor-labor relations (labor and personnel management) can be broadly divided into three stages:

The first stage was from the founding of the People's Republic of China to the public-private partnership and the nationalization of the economy. This period was a period of national stability, regulation and control of the economy, reform of the economic system of the old era, and establishment of its own economic system. During this period, because of the era of great change, there were not many labor disputes.

The second stage is the nationalization of the economy to the period before the reform and opening up, and this stage is the planned economic system. Because it is a planned economy, everything is planned, and there are no laws and regulations on labor during this period. At that time, the state, the localities, and the enterprises were conjoined, and the government and enterprises were not separated, in fact, the state's policy was also the system of enterprises, and because of the special historical environment, no one dared to break this provision.

In other words, before the reform and opening up, there were no conditions and backgrounds that required labor law to adjust labor relations.

The third stage is the reform and opening up to the implementation of the labor law. At this stage, due to the role of the market economy system, labor disputes followed, so in the 80s of the last century, a number of decrees on the adjustment of labor relations were promulgated one after another, which mainly included some special areas, therefore, in the 80s of the last century, there were some laws and regulations promulgated to restrict the adjustment of labor relations.

For example, the "Interim Measures on the Retirement and Retirement of Workers" (Guo Fa No. 104) document); "Regulations on Rewards and Punishments for Employees of Enterprises" (the "Regulations on Rewards and Punishments for Employees of Enterprises" (hereinafter referred to as the "Regulations") promulgated and implemented on April 10, 1982 were repealed by Order No. 516 on January 15, 2008, and it was clarified that the "Regulations" were replaced by the "Labor Law of the People's Republic of China" and the "Labor Contract Law of the People's Republic of China").

Procedures for terminating the employment relationship:

1. Employee resignation application;

2. Interview record (reason for resignation, employee's signature, interviewer's signature);

3. **Work card and other documents and related receipts;

4. Certificate of contract termination (signed by the employee);

5. Handle the procedures for the suspension and transfer of social security for employees (provide materials to the social security office for processing), and return the pension handbook to the employees.

According to Article 46 of the Labor Contract Law of the People's Republic of China, the employer shall pay economic compensation to the employee under any of the following circumstances.

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 with the employee in accordance with the provisions of Article 36 of this Law, and agrees with the employee to terminate the labor contract;

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) 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.

According to Article 10 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts (Lao Bu Fa (1994) No. 481) of the Ministry of Labor, if an employer fails to provide economic compensation to an employee after terminating a labor contract, it shall pay an additional economic compensation equal to 50% of the amount of the economic compensation in addition to the full amount of the economic compensation.

Since the statute of limitations for labor disputes was 60 days at that time, if it had not been paid at that time, the claim could not have been upheld now.

The Labor Contract Law has been promulgated, and the Labor Contract Law shall prevail if the new Labor Contract Law differs from the original Labor Law.

1. If the employee is at fault, the employer does not need to pay economic compensation for terminating the labor contract.

2. If the employer terminates the labor contract in accordance with the law, it shall give 30 days' notice in advance or pay 1 month's salary in lieu of notice, and pay economic compensation according to the number of years of service. Half a month's salary is paid for less than half a year, and one month's salary is paid for half a year to one year.

3. If the employer illegally terminates the labor contract, it shall pay compensation according to double the economic compensation.

Hello, under normal circumstances, one month's salary will be compensated for each year of service, and twice as much if the labor contract is illegally terminated.