Before the contract expires, should the employee terminate the contract first and pay seniority comp

Economic compensation, compensation, liquidated damages.

When terminating and performing an employment relationship, the details of the dispute between the employer and the employee are often the payment of compensation. Here we talk about the relevant issues of economic compensation, compensation and liquidated damages

Severance refers to a kind of compensation paid to the employee by the employer for terminating the labor contract within the validity period of the contract in accordance with the law.

Severance is a specific concept that refers specifically to the above. The scope of application, conditions, standards, etc. of severance payments are all stipulated in mandatory provisions of the law, and there is no room for action. Moreover, the severance payment is only valid for the employer, and the employee does not need to bear it.

Economic compensation is reflected in the country's legislation on the protection of workers. When terminating the labor contract, the employer shall pay severance according to law for seven categories of personnel: due to illness or non-work-related injury, the employer cannot engage in the original job after the expiration of the medical suspension period, nor can he engage in the appropriate work arranged by the unit; Those who are incompetent for the job and are still incompetent after training or adjustment of positions; The original labor contract cannot be performed due to a major change in the objective circumstances on which the labor contract was concluded, and the two parties cannot agree to change the labor contract; It is within the scope of economic layoffs of the unit; The employer and the employee negotiate to terminate the labor contract; The labor contract between the worker and the employer is terminated due to the forced labor by the employer by means of violence, threat or illegal restriction of personal freedom; The labor contract is terminated between the employee and the employer because the employer fails to pay remuneration or provide working conditions as agreed in the labor contract.

Compensation refers to the compensation for the actual losses caused to the other party by the parties due to their violation of the contract or their own mistakes.

The basis for the payment of compensation is generally the fault and the actual loss caused to the other party, and there are also punitive provisions in special circumstances. There is no need to agree on compensation in advance, and both parties to the employment relationship may pay compensation to the other party. The types of compensation are applied to compensation for illegal termination of contract by the employer (employer), recruitment expenses, training expenses, other actual losses (laborers), and joint and several compensation for employees recruited by the employer (employees and employers).

Liquidated damages refer to the fixed amount to be paid by the breaching party to the non-breaching party as agreed in advance by the parties to the labor contract.

The premise of the application of liquidated damages is the existence of an agreement between the two parties, and the law has relevant limits on the amount of liquidated damages. For example, the upper limit of the amount in Beijing is 12 months' salary for the employee. The difference between liquidated damages and the basis for payment of damages is that there is a breach of contract, and it does not necessarily have to cause actual economic loss.

The same as compensation is that it applies to both parties to an employment relationship.

The labor law does not provide for this and is not lawful.

In addition, if there is a labor contract, just follow the labor contract.

If the company proposes to terminate the company, it must pay compensation; It is not necessary to propose it yourself.

If the employee has worked for the enterprise for more than 15 consecutive years, if the enterprise proposes to terminate the labor contract relationship and reach an agreement with the employee through negotiation, the first thing to see is whether the employee's salary is three times higher than the average salary of the employee in the previous year in the locality, and if it is higher than this three times, the maximum period of severance payment is 12 years. If it is not higher, the severance payment is calculated for one month for each full year of the employee's service in the enterprise, and there is no upper limit on the severance payment. If the employer terminates the labor contract in violation of the law, it shall give economic compensation.

The standard of financial compensation is twice the standard of financial 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.

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.

1. What are the ways for the company to terminate the labor contract and pay economic compensation?

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 the employee is incompetent for the job and is still incompetent for the job after training or job adjustment, and the employer terminates the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the employer, but not more than 12 months.

If 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 through negotiation, and the employer terminates the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for every full number of years and working hours of the employee, but there is no maximum limit. 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.

Hello: 1) This depends on whether the company's dismissal is legal or illegal, if the company terminates the labor contract in accordance with Article 39, there is no need to compensate;

If the employee is terminated according to the provisions, it is a legal dismissal of the unit, and the severance shall be paid in accordance with the standard stipulated in Article 47 of the Labor Contract Law, that is, according to the employee's working years in the unit, one month's salary shall be paid for each full year of work, half a month's salary shall be paid for no more than six months, and one month's salary shall be paid for more than six months and less than one year.

Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the laborer according to the number of years he has worked in the unit and the worker, 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 old, the worker shall be paid half a month's salary as economic compensation.

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.

2) If the employer dismisses in violation of the law, the compensation shall be paid in accordance with Article 87 of the Labor Contract Law, and the compensation shall be twice the economic compensation in accordance with Article 47.

That is, if the employee has worked in the unit for 3 years and 5 months, the economic compensation is the monthly x monthly salary, and the compensation for illegal dismissal is the monthly x monthly salary x 2

If the labor contract expires and the contract is terminated without renewing the contract, whether the employer pays severance or compensation shall be determined according to the reasons for the non-renewal: 1. If the labor contract expires and the employee meets the conditions stipulated in Article 14 of the Labor Contract Law that the employer shall agree to to conclude an indefinite-term labor contract, and the employee requests to conclude an indefinite-term labor contract, and the employer refuses to conclude it, it is an illegal termination of the contract. According to Articles 48 and 87 of the Labor Contract Law, compensation shall be paid at twice the amount of the severance payment.

2. Upon the expiration of the labor contract, if the employee does not meet the conditions stipulated in Article 14 of the Labor Contract Law and the employer shall agree to the conclusion of an indefinite-term labor contract, and the employer maintains or improves the working conditions, and the employee does not renew the contract and terminates it, there shall be no compensation. If the employer does not renew the contract or the employer lowers the working conditions, the employee does not renew the contract, it shall be subject to Articles 46 and 4 of the Labor Contract Law.

Ten. Article 38 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu Fa No. 1995 No. 309) stipulates that an employer shall pay one month's salary and economic compensation to the worker every year according to the number of years of service in the employer from January 1, 2008, and one year for the full six months but less than one year, and six months for the less than half a year. The wages of the employee for calculating the severance shall be calculated on the basis of the average wages due to the employee in the 12 months prior to the termination of the contract, including hourly wages, piecework wages, various subsidies and allowances, and bonus monetary income. If I guess that the salary is higher than 3 times the average wage of local employees, it will be calculated according to 3 times the average salary of local employees, and if it is lower than the local minimum wage standard, it will be calculated according to the local minimum wage standard.

Severance Payment: According to the Circular of the Ministry of Labor on Printing and Distributing the Measures for Severance Compensation for Violation and Termination of Labor Contracts, if the employer terminates the labor contract by consensus of the parties to the labor contract, the employer shall pay the employee an severance payment equivalent to one month's salary for each full year of service in the employer, up to a maximum of 12 months. If the working time is less than one year, severance shall be paid at the rate of one year.

According to the Labor Contract Law, the employer shall pay severance to the employee upon the expiration of the labor contract, unless the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract. Before the implementation of the Labor Contract Law on January 1, 2008, the calculation period of severance payment shall be implemented in accordance with the relevant provisions at that time. It is a new provision of the Labor Contract Law that the employer is required to pay severance to the employee upon the expiration of the labor contract, which reflects a compensation mechanism for enterprises to serve employees for a long time. This severance payment is calculated from 1 January 2008 at the rate of one month's salary per year.

The length of service of an employee is divided into cumulative length of service and continuous length of service, and after the employee terminates the labor relationship with the employer, the continuous length of service is calculated according to the time of the last employment. Previous years of service cannot be counted towards the number of years of continuous service. The length of service refers to the total or main working time of the employee with wage income as the means of living.

The length of service indicates the length of working hours of employees, and also reflects the size of its contribution to society and enterprises, as well as the level of knowledge, experience and technical proficiency. The length of service can be divided into general length of service and the length of service of the enterprise. The general length of service refers to the total working time of employees engaged in production and work.

When calculating the general length of service, the length of service of the enterprise should be included. , the length of service of the enterprise (continuous service refers to the continuous working time of employees in a work unit. In the past, the continuous length of service was also called "the length of service of the enterprise".

After 1987, its scope was not limited to the time spent in one unit, but included all the hours worked by employees in each unit as required to be counted. ) refers to the time that workers and employees work continuously in the enterprise. The general length of service includes the length of continuous service, and if it can be calculated as continuous service, it can be calculated as general length of service at the same time; However, the general length of service is not necessarily the continuous length of service.

There are some differences in the meaning of continuous service and the length of service of the enterprise, that is, the continuous service length not only includes the continuous working time of the enterprise, but also includes the working time of the two work units before and after can be combined. If there is no merger in Ruzhouliang, the continuous length of service is the length of service of the enterprise. In June 1978, the "Interim Measures for the Placement of Old, Weak, Sick and Disabled Cadres" stipulated that "the length of service in the enterprise" was changed to "continuous service years".

Organs and institutions are different from enterprises"Years of service"In fact, the meaning and role of continuous length of service and years of service are the same.

Article 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 of the Labor Contract Law of the People's Republic of China 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 labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations.

According to the Labor Contract Law, when an employer terminates a labor contract (except for the six circumstances specified in Article 39 of the Labor Contract Law), it shall pay the employee severance according to the standard of one month's salary for each full year of work, up to a maximum of 12 months' wages. If the employer terminates the labor contract in violation of the law, it shall pay compensation to the employee at twice the standard of economic compensation.