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If the labor contract is terminated, then there is compensation, which is paid for one month for one year, and one year for six months and less than one year. Your contract is for three months, and if it expires and is terminated according to law, there is no compensation! If you take a single day off and the employer does not pay you overtime wages, then you can ask for overtime wages, if the employer pays you overtime wages, not according to the national standard, that is, 150 on weekdays, 200 on weekends, and 300 on national holidays, you can ask to make up the difference.
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You can ask your employer to give you compensation. Also, you can ask to be paid overtime for those years. Negotiate with the unit first, and if the negotiation fails, you must apply for labor arbitration.
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The unit should give compensation.
Article 8 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts promulgated stipulates that if there is a major change in the objective circumstances on which the labor contract is concluded, resulting in the inability to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through consultation, the employer shall terminate the labor contract, and the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the employer.
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Compensation for dismissal before the expiration of the contract shall be paid in accordance with the number of years of service and the standard of two months' salary for each full year; if it is more than six months but less than one year, it will be counted as one year; if it is less than six months, it shall be paid at half a month's salary; If the contract does not expire, the employee is dismissed for violating the company's rules and regulations, and there is no compensation.
Labor Contract Law
Article 47.
Economic compensation shall be paid to the worker according to the number of years he has worked in the unit and one month's salary for each full year. if it is more than six months but less than one year, it will be counted as one year;
If it is less than six months, the worker shall be paid half a month's salary.
Labor Contract Law
Article 87.
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.
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Legal analysis: If the contract has not expired and the other party clearly states that it will not perform its obligations, it can bear the liability for breach of contract before it expires. If the performance does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties.
If there is no agreement on the liability for breach of contract or the agreement is not clear, the injured party may, depending on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear the liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.
Legal basis: Civil Code of the People's Republic of China
Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.
Article 582 If the performance does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. If there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with Article 510 of this Law, the injured party may, depending on the nature of the subject matter and the size of the loss, reasonably choose to ask the other party to bear the liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.
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Compensation for dismissal before the expiration of the contract shall be paid in accordance with the number of years of service and the standard of two months' salary for each full year; if it is more than six months but less than one year, it will be counted as one year; if it is less than six months, it shall be paid at half a month's salary; If the contract does not expire, the employee is dismissed for violating the company's rules and regulations, and there is no compensation.
Article 578 of the Civil Code provides that if one of the parties clearly states or shows by its own behavior that it does not perform its contractual obligations, the other party may request it to bear liability for breach of contract before the expiration of the performance period. Article 500 and Article 82 of the Civil Code shall bear the liability for breach of contract in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.
It is possible to apply for labor arbitration to claim severance for the payment of monthly wages.
In accordance with the Labor Code
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