How should the company compensate for terminating the employment contract?

If the company dismisses an employee in violation of national laws and regulations, the employee can report the situation to the labor inspection department, and if the negotiation is not agreed, go to the labor arbitration commission to request arbitration. The specific amount of compensation is related to the number of years of service of the employee.

In addition to the following circumstances, the termination of the labor contract by the company and the employee is considered an illegal act and is required to pay severance compensation.

Article 39 of the Labor Contract Law provides that 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.

Article 47 Economic compensation 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 unit. 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. If the contract is terminated before it expires, it is an illegal termination of the labor contract by the unit, and you can request double the payment of economic compensation.

The severance payment is calculated according to the number of years the worker has worked in the unit, and one month's salary is paid as severance for each year of service, one month's salary is paid if it exceeds half a year but less than one year, and half a month's salary is paid if it is less than half a year. It is calculated based on the actual salary of the employee.

2. It is illegal to not pay insurance or pay insurance in short, and you can ask the unit to make up or make corresponding economic compensation. Otherwise, it can be reported to the Labour Inspection Brigade.

3. The average salary for the 12 months before the termination of the contract shall be calculated according to your actual income, including bonuses, allowances, etc. Overtime pay cannot be counted.

It is recommended to settle the matter through negotiation, and if the negotiation fails, you can apply for labor arbitration, or you can entrust a lawyer to arbitrate on your behalf.

If the company terminates the labor contract in advance, if the employer illegally terminates the labor contract, the employee may request the employer to pay double the compensation. When an employer terminates a labor contract, it usually has the following circumstances: 1

The employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, the employee does not have the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer's behavior falls under the illegal circumstances of termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and the employer shall pay compensation, i.e., 2 months' wages for every year of service; 2.If the termination of the labor relationship between the employer and the employee complies with the provisions of Article 46 of the Labor Contract Law, it shall pay severance payment, i.e., one month's salary for each year of service; In accordance with Article 40 of the Labor Contract Law, if the employee is not notified one month in advance, one month's salary shall be paid in lieu of notice; 3.If the employer proposes to terminate the employment relationship under the circumstances specified in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or give advance notice, and the employer is required to provide evidence and notify the employee in writing to terminate the employment relationship.

Article 39 of the Labor Contract Law provides that an employer may terminate a labor contract if an employee falls under any of the following circumstances: (1) the employee is proved to be ineligible for employment during the probationary period; 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 40 In the case of a celebration of a promotion in the following circumstances, the employer may terminate the labor contract after notifying the worker in writing 30 days in advance or paying the worker an additional month's salary: (1) The worker is sick or injured not due to work, and cannot perform the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) Where there is a major change in the objective circumstances on which the labor contract is based makes 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 the company (employer) commits any violation of laws and regulations or infringes on the rights of employees, and the employee resigns, the company (employer) shall pay economic compensation. If the company terminates the labor contract in violation of the law, the employee can claim compensation. Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China: If the employer has any of the following circumstances, the employee may terminate the labor contract:

1) Failure to provide labor protection or working conditions in accordance with the provisions of 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; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats, or illegal restriction of personal freedom, or if an employee violates the rules and regulations by directing or forcing the employee to perform risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer. 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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) In accordance with the provisions of Items 4 and 5 of Article 44 of this Law, the labor contract shall be terminated for the termination; (7) Other circumstances provided for by laws and administrative regulations. Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform the labor contract. If the worker does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law. 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 stipulated in Article 47 of this Law.

The company shall pay compensation for the termination of the labor contract in the following circumstances: under one of the circumstances of Article 46 of the Labor Contract Law of the People's Republic of China, economic compensation shall be paid; If it is an illegal dismissal, double the compensation shall be paid on the basis of economic compensation; It is a wrongful dismissal and no compensation is required.

1. How to compensate for dismissal before the expiration of the labor contract.

If the labor contract is dismissed before it expires, it is a negligent dismissal, and the employer does not need to compensate for it; If it is a non-fault dismissal, the employer shall pay economic compensation; In case of illegal dismissal, the employer shall pay compensation at twice the standard of economic 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.

2. How to compensate for the termination of the labor dispatch contract.

If the termination of the labor dispatch contract falls under one of the circumstances provided for in Article 46 of the Labor Contract Law, the labor dispatch entity shall pay economic compensation to the employee; If it is an illegal dismissal, the employee shall be compensated at twice the standard of economic compensation; In other cases, the labor dispatch unit is not required to compensate the employee.

Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances: (1) the employee 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 or 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) Except where the employer maintains or improves the agreed conditions for the renewal of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.

Legal analysis: The company will pay compensation for the termination of the labor contract in the following circumstances: one of the circumstances under Article 46 of the Labor Contract Law of the People's Republic of China, and pay economic compensation; If it is an illegal dismissal, double the compensation shall be paid on the basis of economic compensation; It is a wrongful dismissal and no compensation is required.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances: (1) the employee 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 agrees to terminate the labor contract through consultation with the employee; (3) The Hongqing 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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; or (6) terminating 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.

The company shall pay compensation for the termination of the labor contract in the following circumstances: under one of the circumstances of Article 46 of the Labor Contract Law of the People's Republic of China, economic compensation shall be paid; If it is an illegal dismissal base or and, the compensation shall be paid on the basis of economic compensation; It is a wrongful dismissal and no compensation is required.

Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances: (1) the employee 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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.

Yes. If the company unilaterally terminates the labor contract, it must pay the employee a certain amount of compensation. If the employer terminates the labor contract by consensus of the parties to 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 labor contract, up to a maximum of 12 months.

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 standard of one month's salary for each full year of the employee's service in the employer. If it is more than six months but less than one year, it shall be counted 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. Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the labor dispatcher requests continued performance of the labor contract, the employer shall continue to perform it; If the worker does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.