What should I do if the employee contract does not expire and the employer terminates the labor rela

Claim for severance payments.

The employer shall pay severance and one month's salary for each full year.

Claim compensation. If the unit refuses to pay. It is recommended that you go to the labor inspection brigade, and they will usually seek justice for you, but if you really can't go to court.

I am engaged in the human resources work of the unit, and the unit is actually very clear about this situation, and it is estimated that it is bullying you and you don't know where to solve this problem. Because simply fighting a lawsuit is not a good solution. Seeking the relevant ** department is the real solution.

Hope it helps.

I still have to ask about this, go to court, complain directly, you stupid.

An unexpired employment contract can be terminated. The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. Pat Qin repentance.

Legal basis: Article 37 of the Labor Contract Law stipulates that an employee may terminate the labor contract by notifying the employer in the form of a written copy 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

If the employee is dismissed by the company before the expiration of the labor contract, it is an illegal termination of the labor contract, and the employee can negotiate with the company to demand the payment of corresponding compensation, or he can go to the arbitration bureau to apply for labor arbitration. If the employer terminates the labor contract in violation of the law, it shall pay the employee twice the economic compensation as compensation.

1. What should I do if I am dismissed by the company before the labor contract expires?

The party concerned with the illegal dismissal of an employee by a unit may apply for mediation, arbitration, or file a lawsuit in accordance with the law, or may resolve it through negotiation. 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 termination procedure is not lawful, the employer must terminate the labor contract illegally, or in accordance with the provisions of the law, or in accordance with the labor discipline, rules and regulations, employee handbook, etc. published by the company, and the procedure must be legal. The company needs to give 30 days' notice to terminate the labor contract in advance, and if there is no advance notice and there is no legal basis, it needs to pay one month's notice in lieu of notice.

2. What are the ways of economic compensation for the termination of the labor contract if the employee is dismissed?

The termination of a labor contract is a foreseeable intermediate link in the process from the conclusion to the performance of the labor contract, and the termination of the labor contract in accordance with the law is an important guarantee for safeguarding the legitimate rights and interests of both parties to the labor contract.

1) Economic compensation for non-fault dismissal.

If a worker is sick or injured not due to work, and the labor appraisal committee confirms that he is unable to perform his original job or perform another job arranged by the employer and terminates the labor contract, the employer shall pay him an economic compensation equivalent to one month's salary for each full year of his or her service in the employer, with no maximum limit, and shall also pay a medical subsidy of not less than six months' salary.

In the case of serious illness and terminal illness, the medical subsidy fee should also be increased. The increase in serious illness is not less than 50% of the Medicaid fee; The increase in terminal illness is not less than 100% of Medicaid. or if the average monthly wage of the worker is lower than the average monthly wage of the enterprise, the employee shall be paid according to the standard of the average monthly wage of the enterprise.

2) Economic compensation for economic layoffs.

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 the enterprise, the employee shall be paid according to the standard of the average monthly wage of the enterprise.

If the labor contract is dismissed by the company before it expires, the employee may file a labor arbitration with an arbitration institution or file a lawsuit in court. After terminating the employment contract with the employer, there are two situations in which the employer is required to pay economic compensation, one is a non-fault resignation, and the other is an economic layoff. If an employer terminates the employment contract with an employee due to a crisis in business conditions and has to lay off employees, it is required to pay severance according to the employee's working hours.

In reality, the employee and the employer need to sign an employment contract. This is a mandatory provision of the law, and the labor contract is legally binding, and if the employer or the employee violates the labor contract, he or she needs to bear the liability for breach of contract. If an employee wants to terminate the employment relationship with the employer, he or she will generally terminate the employment contract or resign.

If the employee neither resigns nor terminates the labor contract, many things of the employee will be restricted by the labor relationship of the original employer.

Regarding the termination of labor contracts, the Labor Contract Law stipulates that:

1. When the labor contract expires and the employee wants to terminate the labor contract, or the employee resigns or terminates the labor relationship, the employer shall cooperate with the employee to terminate the labor contract;

2. If the employer violates the law, the labor administrative department will order the employer to make corrections, and if the employer does not terminate the labor contract with the employee, causing damage to the employee, the employer shall compensate the employee accordingly.

3. After the termination of the labor contract, the employer needs to assist the employee in the procedures for the transfer of files and social insurance relations, and accordingly, the employee shall assist the employer in handling the handover of the work.

To sum up, the employment contract is legally binding, and if the employer or the employee violates the provisions of the employment contract, it needs to bear the liability for breach of contract.

Legal basis]:

Article 42 of the Labor Contract Law of the People's Republic of China.

Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers who are engaged in work that is exposed to occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

6) Other circumstances provided for by laws and administrative regulations.

Article 45.

Upon the expiration of the labor contract, if there are any of the circumstances provided for in Article 42 of this Law, the labor contract shall be renewed and terminated until the corresponding circumstances disappear. However, the termination of the labor contract of a worker who has lost or partially lost the ability to work as provided for in Paragraph 2 of Article 42 of this Law shall be carried out in accordance with the provisions of the State on work-related injury insurance.

The expiration of the labor contract does not need to be terminated, and the expiration of the labor contract does not need to be terminated, which means that the labor contract is terminated, that is, the rights and obligations of the labor contract are terminated, and both parties do not need to continue to perform, which is not equivalent to the termination of the labor contract and should not be confused.

1. What are the differences between rescission and termination?

The so-called rescission of a contract refers to the act of extinguishing the creditor's rights and debts arising from the contract due to the expression of intent of one or both parties after the contract is validly concluded. The termination of the contract means that the creditor's rights and debts of the contract are extinguished, and the contractual relationship objectively ceases to exist and the bank is destroyed. By definition, the two are very similar, i.e., they both have the effect of extinguishing the creditor-debtor relationship.

But there is a difference between the two, and the difference must be mainly in the following:

a) The effects of the two are different. The rescission of a contract can have effect in the past, so that the contractual relationship is extinguished retroactively, and the effect of restitution can occur, and it can also take effect in the future, that is, it does not have retroactive effect. The termination of the contract only extinguishes the contractual relationship and takes effect in the future, and does not produce the effect of restitution.

2) The scope of application of the two is different.

2. Whether the labor contract will be automatically terminated upon expiration.

1) Chinese law does not provide for automatic termination of the contract;

2) If the contract expires and continues to be performed, it will not be automatically terminated;

3) If the contract is not renewed or the contract is not renewed after expiration, and the contract is terminated instead of terminated, and the labor contract is not renewed after the expiration of the labor contract, the employer shall pay the employee economic compensation, and the economic compensation shall be paid to the employee according to the number of years of service in the employer, and one month's salary shall be paid as economic compensation for each year of service of the employee.

If the employer dismisses the employee and the contract has not yet expired, the employee may consider the following steps to protect its rights:

Double-review contracts: Carefully read and review your employment contract with your employer. Understand the terms and conditions of the contract regarding dismissal and termination. Make sure you understand your rights and your employer's obligations.

Communication and negotiation: Communicate with the employer and try to reach a mutually acceptable solution. A request may be made for the reinstatement of the original contract, an extension of the contract may be negotiated, or appropriate compensation may be claimed.

Through communication, it is sometimes possible to resolve disputes and reach an agreement that is acceptable to both parties.

Seeking labor arbitration or litigation: If communication and negotiation with the employer are fruitless, the employee may consider applying to the local labor arbitration department for labor arbitration, or file a lawsuit if necessary. During this process, the worker needs to prepare relevant evidence and documents, and comply with the procedural requirements of labor arbitration or the court.

This will help you protect your rights.

Seek legal assistance: Depending on the laws in your area, you may be able to consult with a professional employment legal counsel or seek legal assistance. They can provide professional advice and support to help you assess the situation and take appropriate legal action.

The specific steps to enforce your rights may vary from region to region and from case to case. It is recommended that you consult a professional according to your specific situation and follow local laws and regulations to protect your rights.