If the contract has not expired and the business is cancelled, what is the compensation?

The premise of double pay is that the employer has not signed an employment contract with you. Depending on your situation, double pay cannot be claimed.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Can I claim double my severance payment? It depends on whether the way the employer terminates the labor relationship is legal, and according to your statement, it is illegal to terminate the labor contract, and you can demand double the severance payment.

Severance is calculated based on your years of service, from January 2008 to January 2010, a total of two months, double is four months, so you can claim four months' wages.

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.

How much from January 10, 2008 to January 2010? Six months are counted as one month, and less than six months are counted as half a month's salary.

It is illegal to terminate a contract without the reasons stipulated in the employment contract or the articles of association.

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.

If there is a major change in the objective situation, then the company should negotiate with you to change the labor contract, and if it is terminated without negotiation with you, you can ask for double.

If there is a written contract, you can't ask for double.

According to your description, the employer should have terminated the labor contract illegally, and then according to the labor contract law, the compensation should be paid, and from 2008 to 2010, you should be able to get 4 months' salary.

The compensation standard for the termination of the labor contract without expiration is as follows: economic compensation shall be paid to the employee according to the number of years of service of the employee in the employer, and the employee shall be paid 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.

Article 47 of the Labor Contract Law of the People's Republic of China.

Economic compensation shall be paid to the worker 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.

If the contract period is not expired, if the contract is terminated in breach of contract, the non-breaching party has the right to require the breaching party to bear the liability for breach of contract. The breaching party shall compensate the other party for the losses suffered by the other party as a result of the breach, including the loss of available benefits.

Article 584 of the Civil Code provides that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract;

provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Legal basis

Article 584 of the Civil Code provides that if a party fails to perform its contractual obligations or performs its obligations in accordance with the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract;

provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Summary. Hello, if the company dismisses an employee in accordance with the provisions of the Labor Contract Law, it shall calculate and pay severance in accordance with the provisions of Article 47 of the Labor Contract Law.

Hello, if the company dismisses an employee in accordance with the provisions of the Labor Contract Law, it shall calculate and pay economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law.

Calculated according to the number of years of work of the employee in the company: one month's salary is paid for each full year of work, one month's salary is paid for more than six months and less than one year, and half a month's salary is paid for no more than six months; If you have worked in the company for 3 years and 5 months, you need to pay compensation and pay the average salary of your brother and brother.

In addition, the company Yinbi was illegally dismissed, that is, if it does not meet the regulations, it needs to pay compensation, and the compensation is calculated according to the above calculation method x2

Article 87 Where an employer terminates the original draft 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.

If the contract is terminated early or the labor relationship is terminated illegally, the employee may request the employer to pay compensation twice the standard of economic compensation; In other words, the employee is paid one month's salary for each full year of employment in the employer, and the employee is counted as one year for less than six months and less than one year. If it is less than six months, the compensation rate of two times and half a month's salary shall be paid. Article 47 of the Labor Contract Law of the People's Republic of China.

Severance is paid according to the number of years of service in the employer, and 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 the situation is less than six months old, half a month's salary shall be paid to the worker.

Article 48 of the Labor Contract Law of the People's Republic of China.

If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract; If the employee does not request to continue to perform the labor contract or is unable to continue to perform the labor contract, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.

Article 87 of the Labor Contract Law of the People's Republic of China.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

How to compensate for dismissal before the expiration of the labor contract:

1. If the labor contract is terminated by the employer upon the consensus of the labor parties, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service of the employee, not exceeding 12 months, and the compensation shall be paid according to the standard of one year if the working time is less than one year.

2. The employer shall bear the burden of proof for labor disputes arising from the employer's decision to remove, dismiss, dismiss, terminate the labor contract, reduce labor remuneration, calculate the employee's working years, etc. Therefore, although the employment contract is kept by the company's personnel, you don't have to worry too much.

3. Unemployed persons who meet the following conditions can receive unemployment insurance money:

1) Participating in unemployment insurance in accordance with the regulations, and the unit to which they belong and the person have fulfilled their obligation to pay contributions for one year or more in accordance with the regulations;

2) Interruption of employment not due to one's own will (3) Unemployment registration has been completed and there is a requirement for job seeking.