How can I get compensation for an indefinite term employment contract?

Except for the circumstances stipulated in Article 39 of the Labor Contract Law, the employer is not required to pay severance in other circumstances, and the form of compensation is different depending on the reason for termination.

1. If both parties agree to terminate the contract through consultation, the economic compensation shall be paid to 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.

Labor Contract Law

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.

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.

Article 87 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.

Legal analysis: If both parties agree to dissolve or terminate the labor contract through consultation, the employer shall pay severance in accordance with Article 47 of the Labor Contract Law; If the employer unilaterally dissolves or terminates the labor contract, the employer is in violation of the law and shall pay double compensation in accordance with Article 87 of the Labor Contract Law.

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 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.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Compensation for an indefinite-term employment contract consists of the following steps:

1. Economic compensation. If an employer needs to terminate an indefinite term employment contract, it shall notify the employee in advance, and if not, it shall pay the employee economic compensation of one month's salary. In addition, according to the Labor Contract Law, if an employee has worked for the employer for more than one year but less than ten years, the standard of economic compensation is one month's salary; If the employee has worked for more than 10 years, the standard of economic compensation is one and a half months' salary.

As shown in the figure below).

2. Wage settlement. After the termination of the indefinite-term labor contract, the employer shall settle the wages, benefits, unused annual leave and other expenses to the employee in a timely manner, and issue a certificate of labor relationship. As shown in the figure below).

3. Social insurance payment. Employers are required to pay social insurance premiums for their employees in accordance with the law, including endowment insurance, medical insurance, work-related injury insurance, unemployment insurance and maternity insurance. As shown in the figure below).

If the termination of an indefinite-term employment contract is caused by the employee's violation of laws and regulations, the provisions of the employment contract, or the rules and regulations of the employer, the employer may not pay economic compensation.

Dispute resolution of indefinite-term labor contracts:

In practice, the settlement of disputes in the bend of an indefinite-term labor contract is also an issue that needs attention. If there is a dispute between the two parties, you can first try to negotiate a rough decision; If it cannot be resolved through negotiation, it can be submitted to the labor dispute arbitration commission for arbitration; If you are not satisfied with the arbitration result, you may file a lawsuit with the people's court. In the process of dispute resolution, it is necessary to fully understand the relevant laws and regulations, and retain relevant evidence in order to protect their legitimate rights and interests.

Signing an indefinite-term labor contract for compensation, and the employer violates the provisions of the Labor Contract Law by not entering into an indefinite-term labor contract with the employee;

The employee shall be paid twice the monthly salary from the date on which the indefinite term labor contract shall be concluded.

1. Is the failure to sign a contract considered a regularization?

Count as positive. Article 82 of the Labor Contract Law: If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay twice the monthly wage to the laborer from the date on which the indefinite-term labor contract should be concluded. Article 10 A written labor contract shall be concluded for the establishment of labor relations.

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. Workers can demand double wages. If the employer violates the regulations by not entering into an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

2. What are the consequences of an enterprise not signing a labor contract with an employee?

The consequence of an enterprise not signing a contract with an employee in a timely manner is that it will pay twice the monthly salary, and it may even be directly regarded as having entered into an indefinite employment contract between the two parties.

1. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

2. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

3. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, the employer shall pay twice the monthly salary to the employee and make up a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay the employee economic compensation.