Under what circumstances can an employee receive financial compensation after the termination of the

1. Termination by the employer.

Article 28 of the Labor Law Where an employer terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall provide economic compensation in accordance with the relevant provisions of the State.

Article 24 A labor contract may be terminated upon the agreement of the parties to the labor contract.

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) 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 through consultation.

Article 27 Where an employer is on the verge of bankruptcy and undergoing statutory rectification or serious difficulties in its production and operation and it is truly necessary to lay off its personnel, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or the employees, and may lay off the personnel after reporting to the labor administrative department. Where an employer lays off personnel in accordance with the provisions of this Article and hires personnel within six months, it shall give priority to the personnel who have been laid off.

2. Termination of the worker.

Article 32 Under any of the following circumstances, a worker may terminate the labor contract at any time by notifying the employer:

1) During the probationary period;

2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor;

3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.

The second of these can be claimed for financial compensation.

If you sign or renew an employment contract with the employer before December 31, 1995 (including December 31), and the employment contract expires after January 1, 1996 (including January 1), and the employer is unwilling to renew the employment contract with you, you can receive economic compensation in accordance with the regulations.

The provisions for foreign-invested enterprises are different, and if an employee signs or renews a labor contract with the employer before February 9, 1995 (including February 9), and the labor contract expires after February 10, 1995 (including February 10), and the enterprise is unwilling to renew the labor contract with you, he or she may receive economic compensation in accordance with the regulations.

In the same way, if an employee signs a new labor contract after January 1, 1996 (February 10, 1995 for foreign-invested enterprises), the enterprise may not pay economic compensation when the contract expires and is terminated.

This is in the realm of private law.

As long as the agreement in the contract is violated, compensation can be obtained.

You can go to the labor arbitration department or go to the court to file a lawsuit.

Go to the labor arbitration department for consultation.

Where an employer shall pay economic compensation to an employee, it can be roughly divided into the following situations: (1) the employee terminates the labor contract in accordance with the law; (2) The employer proposes to terminate the labor contract to the employee and the employee agrees to terminate the labor contract through consultation; (3) the employer dismisses the employee without fault; (4) The employer lays off employees in accordance with the law; (5) Termination of the labor contract upon expiration (Note: The employer maintains or improves the terms and conditions of the labor contract to renew the contract, unless the employee does not agree to renew); 6) Under special circumstances, the employer ceases to operate and the labor contract is terminated; 7) Other circumstances stipulated by laws and administrative regulations.

If the employer is required to pay compensation to the employee, the employer unilaterally dissolves or terminates the labor contract except under the circumstances stipulated in the Labor Contract Law and relevant laws and regulations.

Legal Analysis: When an employee unilaterally terminates a labor contract, the employer shall pay severance if there are any of the following 11 circumstances: 1. The employer fails to provide labor protection or working conditions in accordance with the labor contract, and the employee terminates the labor contract.

2. The employer fails to pay the labor remuneration in full and in a timely manner, and the employee terminates the labor contract. 3. The employer pays the wages of the employee below the local minimum wage standard.

Legal basis: Labor Contract Law of the People's Republic of China

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) In other circumstances where laws and administrative regulations stipulate that a worker may terminate a labor contract, if the employer forces the worker to work by means of violence, threat or illegal restriction of personal freedom, or if the employer violates rules and regulations and orders dangerous operations that endanger the personal safety of the worker, the worker may immediately terminate the labor contract without prior notice to the employer.

Article 46 Where a worker terminates a labor contract in accordance with the provisions of Article 38 of this Law, the employer shall pay economic compensation to the worker.

Legal analysis: The employee can only get compensation if he or she resigns, and the only way to compensate is economic compensation, and the employee will not receive any compensation if he or she voluntarily resigns for other reasons.

Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract if the employer falls under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Legal Analysis: If the employer proposes to terminate the labor contract, the employee can receive severance as follows: (1) the employer proposes to terminate the labor contract after consensus; (2) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he cannot perform his original job or work arranged by the employer; (3) The worker is incompetent for the job and has been trained or adjusted to work.

If the employer proposes to terminate the labor contract, the employee may receive severance as follows: (1) the employer proposes to terminate the labor contract after consensus; (2) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he cannot perform his original job or work arranged by the employer; (3) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (4) 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 the modification of the labor contract after consultation; (5) The employer lays off personnel for economic reasons. If the employer compels the employee to work by means of violence, coercion or illegal restriction of personal freedom, the employee may also receive economic compensation if he or she proposes to terminate the labor contract.

Legal basis: 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 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) 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 improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

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.