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Judging from what you say, it doesn't seem like the company is breaking the law. If both parties terminate the contract, the company should of course give you financial compensation.
Also, you look at your contract with the company.
Labor Contract Law of the People's Republic of China:
Article 40 Under any of 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 is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
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.
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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;
6) Termination of 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.
Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.
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It is a breach of contract by the company and the loss should be compensated.
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One. Look at the contract. There are some loopholes caught from the inside, sue it is fine!
Two. You can't do it without a contract, but you need to be paid what you are working until now!
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Appeal to the local labor inspection brigade and ask for a solution.
In accordance with the provisions of the Labor Law, wages are paid on a monthly basis. The salary of the previous month can be paid in the current month, but it is illegal to cross months; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit, and if the payment is not made within the time limit, additional compensation will be paid.
Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 7 of the Interim Provisions on Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month.
Article 85 of the Labor Contract Law stipulates that in any of the following circumstances, the employer fails to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
The labor administrative department shall order the payment of labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
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The lawyer's analysis makes sense.
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