Is it necessary to pay severance if the labor contract is terminated by consensus?

1. If the employee requests to resign, there is no need to pay economic compensation for the resignation by consensus.

2. If the employer proposes to terminate the labor contract, compensation should be included in the negotiation, and if the employee agrees that there is no need for compensation, then it is also the employee's own will, then there is no need to pay economic compensation. Generally speaking, if the employee is not at fault, the unilateral request of the employer to terminate the labor contract is subject to economic compensation.

3. In accordance with the Labor Contract Law

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

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

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) 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 a 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 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.

Termination of an employment contract through negotiation refers to the early termination of an employment contract by agreement between the employer and the employee on an equal footing through negotiation on an equal footing. Article 36 of the Labor Contract Law stipulates that an employer and an employee may terminate a labor law contract if they reach an agreement through consultation. Article 46 of the Labor Contract Law stipulates that an employer shall pay economic compensation to an employee under any of the following circumstances:

Legal analysis: If both parties agree to terminate the labor contract, the employer shall pay economic compensation.

Legal basis: According to Article 36 of the Labor Contract Law of the People's Republic of China, the labor contract can be terminated if the employer and the employee reach a consensus through consultation.

According to Article 46 of the Labor Contract Law of the People's Republic of China, an employer shall pay economic compensation to an 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 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 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 a 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.

Termination of a labor contract through negotiation means that the employer and the employee terminate the labor contract in advance after consultation on an equal footing and reaching an agreement on a completely voluntary basis. 1. If the employer proposes to terminate the labor contract through negotiation with the employee, the employer shall pay severance payment. 2. According to the relevant notice of the Ministry of Labor, if the employee takes the initiative to terminate the labor contract in accordance with the law, the employer may not pay economic compensation.

According to Article 36 of the Labor Contract Law, the employer and the employee may terminate the labor contract if they reach an agreement through consultation.

Termination of a labor contract through negotiation means that the employer and the employee terminate the labor contract in advance after consultation on an equal footing and reaching an agreement on a completely voluntary basis. 1. If the employer proposes to terminate the labor contract through negotiation with the employee, the employer shall pay severance payment. 2. According to the relevant circular of the Ministry of Labor, if the employee proposes to terminate the labor contract in accordance with the law, the employer may not pay severance payment.

According to Article 36 of the Labor Contract Law, the employer and the employee may terminate the labor contract if they reach a consensus through consultation. Celery bends.

Whether severance is required to be paid for the termination of an employment contract by consensus depends on the circumstances.

If the employee proposes to terminate the employment contract on his own initiative, the employer is not required to pay severance if both parties reach an agreement through negotiation.

If the employer first proposes to terminate the employment contract, and both parties reach an agreement through negotiation, the employer is still required to pay severance according to the employee's years of service.

Legal basis] Article 46 of the Labor Contract Law stipulates that 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 to the employee in accordance with Article 36 of this Law, and the labor contract is terminated 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 raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Terminating a 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.