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The legal basis for the company to pay severance is Article 47 of the Labor Contract Law, which stipulates that severance shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer. 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.
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You can get one month's salary compensation. If you don't renew it, it's an indefinite contract.
Lawyer Bao Wenjing.
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Financial compensation, one month's salary. If you do not go to labor arbitration, you can file a lawsuit if you are not satisfied with the arbitration.
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The labor contract time is one year" and "three months is the probation period" You look at the "Labor Contract Law", the company's compensation to you should be one month of termination compensation and the probationary period of illegal "two months' salary" (not 100% certain) compensation, look at it yourself, it is clearly written. If the company does not report to the inspection team of the Labor Bureau, the company will pay a greater price.
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There is a problem with the contract: a one-year contract trial of up to one month.
The company shall give 30 days' notice for unilateral termination of the contract, and if the contract is terminated without notice, one month's salary plus one month's compensation shall be paid.
The contract will be automatically renewed after expiration, and the company will pay one month compensation if it is not renewed when it expires.
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The answer is yes.
You can ask for rights protection.
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Legal analysis: Labor contracts are different from labor contracts, so the compensation for unexpired labor contracts should be handled in accordance with the liability for breach of contract under the Civil Code or the liquidated damages agreed by both parties. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
Basis for the law of burial mausoleum:
Article 585 of the Civil Code: The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the calculation method of compensation for losses arising from the breach.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce the amount of money at the request of the parties.
If the parties agree on liquidated damages for delayed performance, they shall also perform the debt after the breach of contract generously pays the liquidated damages.
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Legal analysis: A labor contract is not a labor contract, and the labor contract has not expired, and the parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the breach of contract, and may also agree on the calculation method of compensation for losses arising from the breach of contract.
Legal basis: Article 585 of the Civil Code of the People's Republic of China The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them according to the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties breach the contract for delayed performance, the defaulting party shall also perform the debt after paying the liquidated damages. Brother Hallo.
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In the case that the labor contract has not expired, the compensation is based on the liquidated damages of the contract. The compensation cannot be calculated in accordance with the dismissal damages in the Labor Law, because the labor contract is not equivalent to the labor contract, and the compensation provisions are that the parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the breach of contract, and may also agree on the calculation method of the compensation for losses arising from the breach of contract.
Civil Code of the People's Republic of China
Article 585.
The parties may expressly agree that one party shall pay a certain amount of liquidated damages to the other party in accordance with the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. Where the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the person concerned to the plaintiff;
Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the person making the transferee. If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
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