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Anonymous users2024-02-11Articles 38 and 50 of the Labor Contract Law.
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) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
If an employer compels a worker to work by means of violence, threat or illegal restriction of personal freedom, or if the employer directs or forces the worker to perform risky work in violation of rules and regulations and endangers the worker's personal safety, the worker may immediately terminate the labor contract without prior notice to the employerArticle 46 In 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) 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.
Article 50 of the Labor Law.
Wages shall be paid to the worker in monetary form on a monthly basis. No deduction or unwarranted delay.
Wages owed to laborers.
Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
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Anonymous users2024-02-10If the company is not at fault as stipulated in Article 38 of the Labor Contract Law, the employee will not be compensated for the voluntary termination of the contract, on the contrary, if the contract is terminated illegally, the employer must be compensated for the direct economic losses. If the employer terminates the contract on its own initiative under one of the circumstances stipulated in Article 38 of the Labor Contract Law, the employer shall pay severance to the employee's own salary of one month per year of working years in the employer (personal salary refers to the average salary of the 12 months before the termination of the contract).
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Anonymous users2024-02-09When it arrives, there are generally large-scale rights protection activities, so it is more accurate to bring evidence, go to the scene for consultation, and determine compensation based on the evidence.
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Anonymous users2024-02-08If you take the initiative to apply for the termination of the labor relationship, you will not get a penny of compensation. Unless the company takes the initiative to dismiss you!
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Anonymous users2024-02-07That depends on the contract. Of course, you can also apply for resignation a month in advance, and see if the company approves it.
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Anonymous users2024-02-06Legal analysis: If the company illegally terminates the labor contract, it shall compensate twice the standard of economic 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.
Legal basis: Article 47 of the Labor Contract Law stipulates that the economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of 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. Article 87 If 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 stipulated in Article 47 of this Law.
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Anonymous users2024-02-05If the company dismisses you without legal reasons, it is illegal to terminate the labor contract, and you should pay 2 months' salary as compensation for every year of service. The salary standard is calculated based on the average salary of the 12 months prior to your departure, which is the average of all salaries.
If the company has illegal reasons such as arrears of wages or deduction of wages, or unilateral transfer of your position or reduction of your salary, you can be forced to resign or indeed have difficulties in production and operation to terminate the company, and there is compensation, and one month's salary will be compensated for each year of work.
If the company has less or no overtime wages, you can be forced to resign or indeed have difficulties in production and operation, etc., and you will be compensated, and you will be compensated for one month's salary for each year of work.
If the company does not provide working conditions and transfers in disguise, you can also be forced to resign and ask the company to pay you one month's salary for every year you work.
At the same time, you can ask the company to settle the full salary.
If the company negotiates with you to terminate the employment contract, you shall pay one month's salary for each year of service as compensation.
If an employee voluntarily resigns, there is no severance payment, regardless of how many years of service or employment contract they have signed.
The Labor Contract Law stipulates that for the payment of severance payments, one month's salary shall be compensated for each year of service, and if it is less than one year for six months, it shall be counted as one year, and if it is less than six months, half a month's salary shall be compensated. is the average of all wages over the past 12 months.
Under normal circumstances, an employee who wants to terminate the employment contract needs to notify the employer in writing 30 days in advance, but under special circumstances, the employee can directly terminate the employment without notifying the employer. >>>More
For non-special training, there is no need to pay.
If there is special training, the liquidated damages to be paid shall be limited to the training fee that should be apportioned during the unperformed contract period. >>>More
If the boss or personnel of the company verbally says that you will be dismissed, you should go to work on time without receiving a formal written notice (with the official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you will not be allowed to work, and that you have been absent from work for a few days, and the company will treat you as if you left the job voluntarily. >>>More
The company shall issue a notice of termination of the contract and directly apply for the suspension of insurance with the social insurance institution. >>>More
If the employment relationship is terminated by mutual agreement, the employer shall pay the employee severance and one month's salary for each full year, which is the average salary of the employee in the 12 months before the resignation, and is calculated from the salary payable, without deducting taxes and fees.