During the contract period, the boss wants us to resign by ourselves, please ask if there is any com

If you ask for it yourself, there will be no compensation!! You can't bring it up yourself.

There are three main types of standards for economic compensation, and different standards should be applied to the termination of an employment contract under different circumstances:

1. The 12-month cap standard, when this standard is applied, the employer shall pay the employee an economic compensation equivalent to one month's salary for every full year according to the employee's years of service in the employer, but not more than 12 months. Even if you have worked for more than 12 years, you can only be compensated for 12 months' salary. If the working time is less than one year, the severance shall be paid at the rate of one year.

There are two main situations: first, the employer terminates the labor contract by consensus of the parties to the labor contract; Second, if the worker is incompetent for the job, and the employer terminates the labor contract if the worker is still incompetent after training or job adjustment.

2. There is no upper limit, and the employer will pay the employee an economic compensation equivalent to one month's salary for every one year of service in the employer, and there is no maximum limit. That is, how many years you have worked, you can get how many months of salary you can be compensated. There are two main situations that apply:

(1) Where there is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract after consultation, and the employer terminates the labor contract; Second, the employer is on the verge of bankruptcy and undergoing statutory rectification, or serious difficulties arise in its production and operation conditions, and it is necessary to reduce its personnel.

3. In addition to the economic compensation, the employer also pays medical compensation. Main application: The labor contract is terminated if the employee is sick or injured not due to work, and the labor appraisal committee confirms that he cannot perform the original job or the work arranged by the employer.

The employer shall pay severance equivalent to one month's salary for each full year of service in the employer, and shall also pay medical subsidies of not less than six months' salary. In the case of serious illness and terminal illness, the medical subsidy shall also be increased, and the increase in the serious illness shall not be less than 50 of the medical subsidy fee, and the increase in the terminal illness shall not be less than 100 of the medical subsidy fee

1. You should be compensated.

2. You can report this problem to the labor inspection department and ask for compensation.

There is no compensation for the resignation of the worker himself. However, if the employer does not pay the insurance, you can file a complaint with the labor inspection department.

Your boss is really black, let him propose, either discuss compensation with him, or let the public decide, you must get the money in hand before resigning. Now that the economy is sluggish, it is not easy to find a good job. Good luck.

The labor contract has not expired, and the employer is forced to resign, how to calculate the compensation.

Severance shall be paid to the worker according to the number of years of service in the employer 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 municipal 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 shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which 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.

If the employer dissolves or terminates the labor contract in violation of the regulations, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation to the employee in accordance with twice the above-mentioned economic compensation standard.

Is there a severance indemnity for voluntary resignation?

Voluntary resignation is generally not compensated, unless the employer has a single lead position: (1) failure to pay labor remuneration in full and in a timely manner; (2) Failure to provide labor protection or working conditions in accordance with the labor contract; (3) Failure to pay social insurance premiums for workers in accordance with the law.

Is there a compensation for voluntary separation?

If an employee voluntarily leaves the company, the employer does not have to pay economic compensation if the employer is not at fault. If the unit is grossly at fault, it needs to pay economic compensation.

Is there any compensation for voluntary resignation?

Voluntary resignation is generally not compensated, unless the employer has: (1) failed to pay labor remuneration in full and in a timely manner; (2) Failure to provide labor protection or working conditions in accordance with the labor contract; (3) Failure to pay social insurance premiums for workers in accordance with the law.

Is there a severance payment for my resignation?

There is no severance indemnity for self-resignation. According to Article 37 of the Labor Contract Law of the People's Republic of China, an employee may terminate the 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. In the case of voluntary resignation, the employer is not required to compensate for economic compensation.

Is there any compensation for voluntary resignation?

Voluntary resignation is generally not compensated, unless the employer has: (1) failed to pay labor remuneration in full and in a timely manner; (2) Failure to provide labor protection or working conditions in accordance with the labor contract; (3) Failure to pay social insurance premiums for workers in accordance with the law.

Labor Contract Law of the People's Republic of China

There are many situations in which an employer dismisses an employee before the contract expires, whether it is legal or not, and China's legislation has also made detailed provisions on it. 1. Legal dismissal before the contract expiresAccording to the legislation of China, if the employee has the circumstances specified in Article 39 of the Labor Contract Law, the employer has the right to terminate the contract in advance without paying any economic compensation or prior notice if the employee has the circumstances specified in Article 39 of the Labor Contract Law. These legal dismissal situations mainly include:

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 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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law. In addition, under the circumstances specified in Article 46, an employee may also be dismissed as long as the employer gives 30 days' written notice or pays an additional month's salary. Of course, if you face economic layoffs by the company, it is inevitable that the contract will be terminated before the expiration of the contract, but even so, the employee is still entitled to a certain amount of financial compensation.

2. Illegal dismissal before the contract reaches the base auction period If there are no circumstances listed above, and the employer dismisses the employee without any reason, it is an illegal dismissal: 1If the employer dismisses the employee without cause and does not pay any economic compensation, it may be determined that the employer's behavior falls under the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and it shall pay twice the compensation, i.e., 2 months' salary for each year of service; 2.

If the employee meets the requirements of Article 46 of the Labor Contract Law, he or she can receive the corresponding economic compensation in accordance with the compensation standard of Article 47, that is, one month of seniority compensation for every year of service. Of course, when the contract has not expired and the employee is dismissed, the employee can choose to file a complaint with the relevant labor department or directly apply for arbitration if the negotiation with the employer fails.

The boss fires me before the contract expires, and the following measures can be taken:

1. Settlement through negotiation: First, the party who has been terminated from the contract may negotiate with the employer to settle the matter and request the employer to restore its original position or give certain economic compensation.

2. Initiating labor arbitration or litigation: If the negotiation fails, the party who has terminated the contract can file labor arbitration or litigation according to its own situation, requiring the employer to bear the corresponding legal liabilities and require the employer to pay corresponding compensation and economic compensation.

Dismissal of an employee is subject to the following conditions:

1. Legal and reasonable. Enterprises must comply with the requirements of laws, regulations and policies, such as the Labor Contract Law, the Regulations on Labor Security Supervision and other relevant provisions, and must comply with the principles of legality and reasonableness;

2. Fairness and fairness. Enterprises must comply with the principle of fairness, credibility and impartiality when dismissing employees, and there must be no illegal discrimination, suppression, retaliation, personal grudges and other improper sales behaviors;

3. Economic compensation. Enterprises that dismiss employees must provide economic compensation in accordance with the law, including compensation for the termination of labor contracts, social insurance expenses, etc., to ensure the legitimate rights and interests of employees;

4. Notice. Enterprises must give notice in advance to dismiss employees, and perform relevant procedures and formalities in accordance with regulations, such as advance notification, written confirmation of termination of labor contracts, and filing with labor and social security supervision departments.

To sum up, the party who has been terminated from the employment contract should keep relevant evidence in a timely manner, including evidence such as the time, manner and reason for terminating the contract, so that it can be proved in labor arbitration or litigation. At the same time, the employer shall be required to pay corresponding economic compensation in accordance with the relevant procedures in accordance with the provisions of the employment contract.

Legal basis]:

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

Severance Compensation] The employer shall pay severance 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 renews the labor contract in violation of 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.

There are two types of circumstances in which liquidated damages need to be paid, the first is the service period, that is, the employer provides special training fees for the employee, and if the employer provides professional and technical training, it can agree on liquidated damages. That is to say, after negotiation between the two parties, if you violate the service period agreement, you need to pay liquidated damages to the company.

The second situation is confidentiality obligations and non-competition restrictions, which means that the employer and the employee may agree in the employment contract to keep the employer's trade secrets and confidential matters related to intellectual property rights.

For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination of the employment contract, the employee will be given economic compensation within the non-compete limit. If the employee violates this agreement, he or she may pay liquidated damages.

In addition to the above two circumstances, the employer shall not agree with the employee that the employee shall bear the liquidated damages.

You have an employment contract with the employer and it is still within the term of the employment contract.

You should notify the employer in writing 30 days in advance of your resignation, so that the employment contract can be terminated.

Generally speaking, if the company does not bear the special training costs for you, and there is no confidentiality and non-competition between you, then the provisions of the labor contract stipulating that liquidated damages are paid in advance violate the labor law and are deemed invalid. In this case, you only need to submit a written resignation 30 days in advance, and you're good to go.

It is not possible to unilaterally cancel by yourself.

This is a penalty for this. Because it is an early termination.

The agreement on liquidated damages is invalid if it violates the Labor Contract Law. One month's written notice may be given to terminate an employment contract without approval.

Lawyer Hou Jianhuai.

Unless approved by the unit, the employer has the right to recover liquidated damages from you through legal means and channels.

Are there any non-disclosure agreements? Or a training agreement?