When terminating an employment contract, under what circumstances does the company need to pay compe

Lawyer Jiang Hua answers: Hello, I am very happy to ask you about the termination of the labor contract. According to Article 46 of the Labor Contract Law, 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 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 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 laborer according to the standard of one month's salary for each full year of the worker'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.

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.

During the performance of the labor contract, the company unilaterally terminates the contract, and the compensation method varies depending on the reason for terminating the contract. 1. If the employee seriously violates the law and discipline, and the company terminates the contract in accordance with Article 39 of the Labor Contract Law, there is no compensation, on the contrary, the company may claim compensation for the loss of the employee. 2. If the company terminates the contract in accordance with Articles 40 and 41 of the Labor Contract Law, the company shall pay the employee one month's salary as economic compensation every year according to the number of years of service in the employer.

Among them, if the contract is terminated in accordance with Article 40 of the Labor Contract Law, 30 days' written notice or an additional month's salary in lieu of notice shall be paid in advance. 3. The unilateral termination of the contract by the company does not comply with the provisions of Articles 39, 40 and 41 of the Labor Contract Law, and is an illegal termination of the contract, and the compensation shall be paid at twice the economic compensation (the salary of the employee is scattered for two months per year for the working life of the unit). P.S

Article 39 of the Labor Contract Law The employer may terminate the labor contract if the worker falls under any of the following circumstances: 1) The employee is proved to be ineligible for employment during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm 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 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the worker in writing 30 days in advance or paying the worker an additional month's salary:

1) The worker is sick or injured not due to the worker's Qi Fengxin, and is unable to engage in the 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) Where there is a major change in the objective circumstances on which the labor contract is based at the time of the conclusion of the labor contract, 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 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees, or less than 20 but accounting for more than 10 percent 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 the employees, it may reduce the number of personnel after reporting the personnel reduction plan 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) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode; (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.

I am engaged in human resources, I feel that HR must have basic professional ethics and conduct, basic care for employees, enterprises are economic organizations for the purpose of profit, but profit is not the only purpose, enterprises should also assume due social responsibility.

In response to your question, I have the following two:

1. Correct approach: In accordance with the provisions of Article 47 of the Labor Contract Law, 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.

2. Practices that meet your requirements: 1. Dismissal for serious violations of the rules and regulations of the unit does not need to pay compensation;

2. Let the employees resign by themselves, and there is no need to pay compensation for the rotation of dates. These two practices have great hidden dangers and are easy to cause labor disputes, so they need to be operated carefully.

I still advise you to act in accordance with the law and abide by the professional ethics and ethics of personnel workers, thank you!

It depends on the reason for terminating the employment contract. Generally, if an enterprise terminates a labor contract, it must pay such compensation. However, if the enterprise has the right to terminate the labor contract under the Labor Contract Law, it does not need to pay compensation.

The relationship between the enterprise and the public is more sensitive to the physical and material aspects of the relationship, and a single person who wants to terminate the labor relationship also needs certain skills to avoid the occurrence of personnel legal risks.

If it is convenient, you can make an appointment with our firm to discuss the solution and prevention measures in detail.

Lawyer Chen Yan.

Don't terminate the contract directly with them, let them not want to do it themselves, terminate the contract, so that you don't have to pay compensation.