If the contract period has not expired, can I be compensated for resigning due to job adjustment?

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his 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) There is a major change in the objective circumstances on which the labor contract was concluded, 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 46 Under 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 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.

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.

Your situation falls under paragraph 3 of Article 40: (3) There is a major change in the objective circumstances on which the labor contract was concluded, 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. Therefore, if you apply for arbitration, in addition to the due part, you can still require the enterprise to pay one month's salary, and pay severance for one year and one month, one year for half a year and less than one year, and half a month for less than half a year.

This is a disguised way for people to resign, and they can find a way to get compensation by appealing to the labor bureau;

Before that, you can't resign, otherwise things will be troublesome, and you won't bother to ask for this little compensation.

If there are more people, things will be easier to do, so let's go to Suola together.

Is there any agreement in the original contract on what position to do in the company?

If there is, there is relatively hard evidence to sue the company.

If not, it shows that the contract is not standardized, and the company also has certain responsibilities.

So you need to find evidence that reflects your job.

Then negotiate with the company to resign.

Since there are a lot of people involved, let's negotiate with the company.

The Labor Contract Law stipulates that if an employer provides special training expenses for an employee and provides him with professional and technical training, it may enter into an agreement with the employee to stipulate the service period. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period. If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 23 The employer and the employee may agree in the labor 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 or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Article 25 Except as provided for in Articles 22 and 23 of this Law, an employer shall not agree with a worker that the worker shall bear liquidated damages.

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If the employer is legally at fault, the employee is entitled to severance if he voluntarily resigns.

During the performance of the labor contract, the employee can terminate the labor contract on his or her own initiative in three forms:

1. In accordance with Article 36 of the Labor Contract Law, submit an application for resignation to the employer, and terminate the contract through consensus with the consent of the employer;

2. In accordance with Article 37 of the Labor Contract Law, the employer shall notify the employer in writing 30 days in advance to terminate the contract, without the consent of the employer, and the employer shall settle the wages and go through the formalities for terminating the contract upon the expiration of the 30-day period;

3. If the employer is legally at fault as stipulated in Article 38 of the Labor Contract Law, the employee may terminate the contract at any time by notifying the employer.

Workers are subject to the above-mentioned paragraphs.

Items 1 and 2 provide for the termination of the contract without economic compensation; If the contract is terminated in accordance with the provisions of Paragraph 3, the employer shall pay the employee one month's salary and severance every year according to the number of years of service in the employer. Where it is half a year but less than one year, it shall be paid on the basis of one year, and if it is less than half a year, it shall be paid on the basis of half a year.

If an employee terminates the contract in violation of the above provisions, it is an illegal termination of the contract, and not only is there no compensation, but the employer should be compensated for the losses.

How to compensate the company for the dismissal of the employee during the term of the labor contract depends on the specific situation, if the employee is dismissed at fault, there is no economic compensation. If an employee is dismissed due to illness or work-related injury, he or she shall be given severance according to the number of years of employment. If the company has no reason to unilaterally dismiss, it is illegal dismissal and double compensation must be paid.

1. How to compensate for the dismissal of employees who have not yet completed the contract period?

It is necessary to determine whether it is legal and whether it is necessary to pay severance compensation on a case-by-case basis. If the employee is legally at fault, the employer may unilaterally terminate the employment contract without paying severance payments.

If there are statutory circumstances, the employer may unilaterally terminate the employment contract, but it is required to pay severance payment. In the case of termination in accordance with Article 40, the employer shall notify the employee in writing 30 days in advance or pay the employee an additional month's salary.

If the employer terminates the labor contract in accordance with the above circumstances, it shall be deemed to be an illegal termination and shall pay compensation. If the labor contract is terminated by the employer, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of the employee's service in the employer, up to a maximum of 12 months, and if the working time is less than one year, the compensation shall be paid at the rate of one year.

2. How to protect the rights of employees after they are illegally dismissed?

1. Negotiation. After a labor dispute arises, the employee and the employer may negotiate with the employer to reach a new agreement or the party at fault can correct the mistake and eliminate the dispute.

2. Mediation. In the event of a labor dispute, the employee may apply to the labor dispute mediation committee of the employer for mediation. An application for mediation shall be submitted within 30 days from the date on which the right is known or should have been known.

3. Arbitration. Arbitration is a necessary procedure for handling labor disputes. An employee applying for labor dispute arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute.

The scope of labor disputes accepted by the Labor Dispute Arbitration Commission includes: disputes arising from the dismissal, dismissal, dismissal of employees, resignation and voluntary resignation of employees; Disputes arising from the implementation of national regulations on wages, insurance, welfare, training, and labor protection; Disputes arising from the performance of employment contracts; Other labor disputes as stipulated by laws and regulations.

4. Litigation. If the parties to a labor dispute are dissatisfied with the arbitral award, they may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. However, it should be noted that the court will not accept labor dispute cases that have not been arbitrated by the labor dispute arbitration commission.

To sum up, during the term of the labor contract, sometimes the company will dismiss the employee, and the labor law also gives the company the right to dismiss, of course, there must be a valid reason. Dismissal compensation is divided into several situations, if the company illegally dismisses, it is necessary to give double the economic compensation, and if there is no advance notice, an additional month's salary will be paid. If the contract is terminated through communication with the employee, compensation will be paid according to the number of years of employment.

In today's new era, I believe that many people have begun to enter the workplace. But when entering the workplace, many people sign a contract with their boss. In fact, it is very important to sign a contract before joining the company, which not only writes the agreement between the boss and the employee, but also has related matters, which you can learn from.

However, some bosses dismiss employees without authorization before the deadline of the employee's deadline expires, so many employees feel very angry. So how to compensate if the contract period for job divestment has not expired? <>

1. Appropriate compensationSome bosses, in order to get more benefits, will immediately lay off employees if they find that the company has no business. In fact, employees will sign a relevant contract with the boss before joining the company, and if the contract period does not reach the boss's unauthorized layoff, the employee will also be compensated. Generally, they will compensate themselves with 10% of their wages, and this is also a kind of disrespect for the labor of employees.

Second, the liquidated damages should also be strictly implemented in accordance with the contract, some contracts have been written, how much is the liquidated damages. So if the boss dismisses the employee in advance, that is, he violates the contract he signed, then he will have to pay according to the liquidated damages. Therefore, we must pay attention to honesty and not destroy this sincerity without authorization.

After all, people do business outside the home, relying on integrity. If the boss can't be honest with his employees, then how can he be honest in business? <>

3. Treat employees wellThe living conditions of some employees are indeed very poor, and the boss should also strictly follow the contract to implement, and should not ignore the interests of others because of the interests of the company. Bosses should be kind to their employees during their employment, and should not think that they are bosses and talk to employees arrogantly. Since we have arrived at the company, we are a big family, and there is no distinction between high and low.

So good, first of all, this is not due, so good, well, we always have to accompany them, this kind of people accompany us one by one is more common, of course, you can also negotiate and communicate.

Generally, 80% and 9% will be compensated because after all, the other party breached the contract, and the other party made such a request before the contract ended, so it must be fully responsible.

If you want compensation, you can go to the relevant agency to explain the situation and ask them to compensate you. And it is very convenient to operate, so don't worry about this problem.

According to your working years, the company will pay you an extra few months' salary as compensation for not working for one more year.

Generally, 60% to 80% will be compensated, because after all, it is the other party who has done something, and the other party has breached the contract, so at this time, they will give themselves corresponding compensation.