Whether there is compensation for the unilateral termination of the contract due to the employee s h

This is the fault of the employer and it is possible to claim compensation. However, the evidence should be sufficient.

Article 88 of the Labor Contract Law.

In any of the following circumstances, the employer shall give an administrative punishment in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law; If damage is caused to the worker, he shall be liable for compensation:

1) Forced labor by means of violence, threats, or unlawful restriction of personal freedom;

2) Directing or forcing risky operations in violation of rules and regulations, endangering the personal safety of workers;

3) Insulting, corporal punishment, beating, unlawful searching, or detaining laborers;

4) Poor working conditions and serious environmental pollution, causing serious damage to the physical and mental health of workers.

You can file a complaint with the local labor bureau, or you can use litigation to support the former. In addition, you can ask your local guild specifically to ask them for help.

Hope it helps.

There is no compensation If you receive humiliation, you should collect evidence and report it to the relevant authorities to ask for compensation, if you have unilaterally terminated the contract and there is no evidence of humiliation, it is difficult to claim compensation.

Hello, humiliation is not a legal concept and does not fall under the category of obtaining compensation for the termination of the contract under the labor law.

The compensation for unilateral termination of the labor contract by the employer is mainly twice the standard of economic compensation, and no economic compensation is paid. The calculation period of compensation shall be calculated from the date of employment, and the employee shall be paid one month's salary for every full year. If it is more than 6 months but less than 1 year, it will be calculated as 1 year; If it is less than 6 months, the worker shall be paid half a month's salary as economic compensation.

1. Economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of one month's salary for every full year. if it is more than 6 months but less than 1 year, it will be calculated as 1 year; If it is less than 6 months, the worker shall be paid half a month's salary as economic compensation.

2. If the monthly wage of a worker is higher than 3 times 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 economic compensation shall be paid to him at the amount of 3 times the average monthly average salary of the employee, and the maximum number of years of economic compensation paid to him shall not exceed 12 years.

3. The monthly wage mentioned in this article refers to the average salary of the employee in the 12 months prior to the termination or dissolution of the labor contract. It is calculated according to the wages due to the worker, including hourly wages or piece-rate wages, as well as monetary receipts such as bonuses, allowances and subsidies. If the average salary of an employee in the 12 months prior to the termination or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard.

If a worker has worked for less than 12 months, the average wage shall be calculated according to the number of months actually worked.

Legal basisArticle 46 of the Labor Contract Law stipulates that one month's salary shall be paid according to the annual salary; If the employee is not notified one month in advance in accordance with Article 40 of the Labor Contract Law, one additional month's salary shall be paid.

1. How to compensate for the unilateral termination of the labor contract by the company.

The provisions on compensation for losses caused by the termination of the labor contract by the company and the employee are mainly as follows:

1. If both parties agree to terminate the agreement, the economic compensation shall be paid to the employee according to the number of years of service in the unit 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. The monthly wage referred to here refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract, which is calculated according to the salary payable.

2. If the unit is unilaterally dismissed without a legitimate reason, it needs to pay double the compensation according to the above standards.

Article 585 of the Civil Code [Liquidated Damages] The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

2. The company terminates the labor contract with the employee.

Lao Chun Code Movement Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

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 damage 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 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.

Article 87 Where 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 provided for in Article 47 of this Law.

It must be a unilateral basic labor contract of the employer in order to receive compensation for the termination of the labor contract. The compensation standard for unilateral termination of the labor contract is mainly calculated based on the time you have worked in the unit and the basic salary, and the calculation method is as follows: one month's salary is paid 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, economic compensation of half a month's salary shall be paid.

If you have worked for the company for many years, the compensation will not exceed 12 months.

If an employer is on the verge of bankruptcy and undergoes statutory rectification, or if serious difficulties arise in its production and operation conditions and it is necessary to lay off its personnel, the employer shall pay severance according to the number of years the retrenched personnel have worked in the unit. For every year of service with the employer, severance is paid equivalent to one month's salary, but there is no maximum limit. If the average monthly wage of a worker is lower than the average monthly wage of an enterprise, it shall be paid according to the standard of the average monthly wage of the enterprise.

The employer's liability for late payment of severance payments. If the employer fails to provide the employee with severance compensation after terminating the labor contract, it shall pay an additional compensation of 50% of the amount of severance in addition to the full amount of severance paid.

For the above content, please refer to Encyclopedia - Termination of Labor Contract.

If the employer unilaterally terminates the labor contract, if the termination is illegal, it shall pay twice the compensation standard of the economic reputation slag; If the employee has seriously violated the rules and regulations, is investigated for criminal liability and other statutory wrongdoings, no economic compensation or compensation shall be paid.

1. Is there compensation for being fired for stealing?

If an employee is dismissed for theft, there is no economic compensation or compensation if it is a case of negligent dismissal. Under any of the following circumstances, the employer does not need to pay compensation or compensation after unilaterally terminating the labor contract: the employee is investigated for criminal liability in accordance with the law; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; Serious violation of the rules and regulations of the employer, etc.

2. Under what circumstances can I apply for severance and compensation?

Severance is mainly applicable to the employer's exercise of the unilateral right of termination in accordance with the law, and these circumstances can be regarded as a breach of contract by the employer to a large extent, and the severance is therefore regarded as statutory liquidated damages. At present, the applicable objects of liquidated damages in labor contracts in China are mainly employees, and it is very rare for employers to pay liquidated damages for terminating labor contracts in breach of contract, which may also make people regard the economic compensation paid by employers for breach of contract and termination of labor contracts as statutory liquidated damages. Compensation refers to the compensation paid by the employer or employee to the other party for violating the law or violating the contract, causing economic losses to the other party, and the compensation is punitive and punitive.

If the employer finds that the employer has illegally terminated or terminated the employment contract, the employee has the right to request the employee to pay compensation.

3. Compensation for illegal dismissal of employees.

Compensation for illegal dismissal of employees: If an employer illegally dismisses an employee, it shall pay compensation to the employee at twice the standard of economic compensation. The law stipulates that if an employer dissolves or terminates a labor contract in violation of regulations, and the employee does not request to continue to perform the labor contract or the labor contract cannot be continued to be performed, the employer shall pay compensation to the employee in accordance with twice the standard of economic compensation.

Legal analysis: If the employee is at fault, the company does not need to pay compensation for unilaterally terminating the union. If the company terminates the contract in violation of the law, it shall pay compensation at twice the amount of the economic compensation.

If an employer dissolves or terminates a labor contract in violation of regulations, it shall pay compensation to the employee in accordance with twice the prescribed economic compensation standard.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer may terminate the labor contract if the employer and the worker cooperate with the contractor.

Whether and how the employer needs to pay compensation for unilaterally terminating the contract shall be determined on a case-by-case basis.

1. Circumstances in which the employer needs to compensate for the termination of the labor contract.

1. If the employer terminates the contract without cause, the employer shall pay the worker a certain amount of economic compensation, which 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 employer. 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 compensated for not paying half a month's salary for the year.

2. If the employer dissolves or terminates the contract in violation of the law, it shall pay the employee twice the amount of economic compensation.

Circumstances in which the employer illegally dissolves or terminates the contract:

1) The most basic condition is that the employer proposes to terminate the employment relationship, but not the employee, and the two parties have not reached a negotiation and make a speech (that is, the employee is not willing to terminate the relationship).

2) The employer proposes to terminate the labor relationship, but does not meet the conditions for the termination of the labor relationship as stipulated in Articles 39, 40 and 41 of the Labor Contract Law.

3) If the above two points are met, it is enough to terminate the labor relationship illegally.

2. The employer does not need compensation for the termination of the labor contract.

According to Article 39 of the Labor Contract Law, an employer may terminate a labor contract if an employee falls under any of the following circumstances:

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 damage 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.

When an employee has any of the above circumstances, the employer may dismiss the employee without paying severance or compensation.