Is it legal for an indefinite term labor contract company to unilaterally terminate 1 times compensa

If you do not agree to the unilateral termination of 1 time compensation by the company, you can apply for labor arbitration and require the company to pay double the economic compensation.

Depending on the reason for terminating the contract, if it is an illegal termination, it should be compensated according to the double compensation standard, that is, 2N. If it is not an illegal termination, it should be compensated at n times.

According to the provisions of the Labor Law and the Labor Contract Law, the company shall pay economic compensation if the labor relationship is terminated through negotiation. If the company terminates the labor relationship in violation of the law, it shall be given economic compensation. Therefore, it is necessary to determine whether compensation or compensation should be given based on whether the act of rescission is lawful.

If you feel that it is not legal, you can apply for labor arbitration.

This severance is not doubled, the standard is one month's salary for one year's service, and nine months' salary for nine years' service.

Legal basis] According to Article 47 of the Labor Contract Law, severance compensation shall be paid to the employee according to the number of years of service in the employer, and one month's salary shall be paid to the employee 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.

The change in the company's business strategy is not a statutory condition for the company to unilaterally terminate the labor contract, so the company's practice is suspected of illegally terminating the labor contract, and it needs to bear the legal responsibility of paying twice the compensation stipulated in Article 87 of the Labor Contract Law.

If an employer dissolves or terminates a 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 it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation. If an employer dissolves or terminates a labor contract in violation of the provisions of these Measures, it shall pay compensation to the employee in accordance with twice the standard of economic compensation prescribed by law. An indefinite-term employment contract is also a type of employment contract, in the course of performance, if either party wishes to terminate or has proposed to terminate the employment contract for some reason, the other party can terminate the employment contract as long as it agrees and the two parties reach an agreement.

When the conditions for terminating the labor contract as prescribed by law arise, or the conditions for terminating the labor contract as agreed by the parties in the contract, the labor contract with an indefinite term may be terminated under the conditions prescribed by law or agreed conditions. It can be seen from this that an indefinite-term contract is not an "iron rice bowl" without termination time, and as long as the conditions prescribed by law are met, the employee and the employer can terminate the labor contract in accordance with the law.

In the case of terminating the indefinite period of labor and service and paying twice the compensation, it is an illegal termination by the employer. An indefinite term labor contract is also a type of labor contract, in the course of performance, either party wishes to terminate or has proposed to terminate the labor contract for some reason, and the other party can terminate the labor contract as long as it agrees and both parties reach an agreement.

Article 3 of the Labor Contract Law of the People's Republic of China stipulates that the conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall fulfill the obligations stipulated in the labor contract. Article 10 In establishing labor relations, a labor contract shall be concluded.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment. Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.

According to the laws of our country, compensation is based on the standard according to the number of years of service. According to the relevant laws and regulations of our country, economic compensation shall be paid to the worker according to the number of years he has worked in the unit and the standard of one month's salary for each full year. Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the laborer according to the number of years he has worked in the unit and the standard of one month's salary for each full year.

if it is more than six months but less than one year, it shall be calculated on an annual basis; 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.

Legal Analysis: If both parties agree to dissolve or terminate the labor contract through consultation, and the employer pays severance in accordance with Article 47 of the Labor Contract Law, and the employer unilaterally dissolves or terminates the labor contract, the employer is in violation of the law and shall pay double compensation in accordance with Article 8 of the Labor Contract Law.

Legal basis: Labor Contract Law of the People's Republic of China Article 40 Wu Weiqi 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. If it is more than six months but less than one year, and less than six months on the basis of one year, the worker shall be paid economic compensation for 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.