How to compensate the boss for terminating the contract early?

It has been done for a few years, that is, a few months, and less than a year is counted as a year, and the calculation standard upstairs has been provided.

Hehe, according to labor laws.

Article 28 Where an employer terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall give economic compensation in accordance with the relevant provisions of the State.

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or 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) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

Article 27 Where an employer is on the verge of bankruptcy and undergoing statutory rectification or has serious difficulties in its production and operation and it is truly necessary to lay off its personnel, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and may lay off the personnel after reporting to the labor administrative department.

Where an employer lays off personnel in accordance with the provisions of this Article and hires personnel within 6 months, it shall give priority to hiring the personnel who have been laid off.

As for how to calculate the severance payment, it is generally the average monthly basic salary, and the specific compensation months depend on your working years and local conditions.

The wage calculation standard of severance payment refers to the average monthly wage of the employee in the 12 months before the termination of the contract under the normal production conditions of the enterprise, including all wage income, not only the basic salary or contract salary.

If the average monthly wage of a worker is lower than the average monthly wage of the enterprise, the employee shall be paid according to the standard of the average monthly wage of the enterprise.

Looking at the specific contract agreement, if there is a request for compensation, you can ask for it.

The employer shall pay compensation for early termination of the labor contract: 1. If the employee is not at fault, the company unilaterally terminates the labor contract during the labor contract period (if the employee is not at fault), which is an illegal termination of the labor contract, and the company shall pay compensation equal to twice the amount of economic compensation. 2. If the company terminates the labor contract without notifying the employee 30 days in advance, it shall pay another 1 month's salary in lieu of notice.

3. Article 87 of the Labor Contract Law stipulates that 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 stipulated in Article 47 of this Law. 4. The calculation of severance is calculated as half a month within half a year, and as one month for half a year.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary 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.

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 economic compensation shall be paid to him at the rate of three times the average salary of the employee, and the maximum period of time for which economic compensation is paid shall not exceed 12 years. The monthly wage mentioned in this article refers to the average salary of the sock dust worker in the 12 months prior to the termination or termination of the labor contract.

Legal analysis: Economic compensation refers to the labor remuneration paid directly to employees in the form of money by an enterprise in accordance with relevant national regulations or labor contracts. The amount of severance compensation is generally calculated based on the employee's years of service and salary in the employer.

The formula is: severance = years of service and monthly salary.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

There are two types of circumstances for early termination of the contract:

1.If the employee is not at fault and the employer unilaterally terminates the labor contract that has not expired, the employer is required to pay severance payment.

2.If the employer unilaterally terminates an unexpired labor contract due to the employee's fault, the employer is not required to pay severance payments.

Legal basis] Article 46 of the Labor Contract Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

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) Where the employer terminates the confiscated 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.

If the company terminates the contract in advance under the circumstances stipulated in Article 46 of the Labor Contract Law, the employee shall be paid one month's salary as economic compensation after one year of service according to the number of years of service in the employer; where it is more than six months but less than one year, it is calculated as one year; Half a month's salary for less than six months; If the labor contract is terminated in violation of the law, the compensation shall be doubled according to the above standards. 【Refutation of rumors】The company must compensate the employee for early termination of the contract? Truth:

Not analysis: If the employee decides to terminate the contract in advance under any of the following circumstances, the employee is not required to be compensated: (1) it is proved that he does not meet the employment conditions 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 harm 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 unit, or refuses to make corrections after being proposed by the employer; (5) The worker uses fraud or coercion or takes advantage of the danger of others to cause the employer to conclude or modify the labor contract contrary to its true intentions, resulting in the invalidity of the labor contract; (6) Those who have been pursued for criminal responsibility in accordance with law.

Reminder] How does the company terminate the labor contract? The Company shall perform the following procedures for terminating the labor contract: 1. A written notice of termination of the labor contract shall be prepared and served on the employee, and the notice of termination of the labor contract shall state the facts, reasons and basis for the termination of the labor contract by the employer.

2. The labor union shall be notified of the reasons for the termination of the labor contract in advance. 3. Issue a certificate of dissolution or termination of the labor contract when the employee is terminated or filed, and go through the procedures for the transfer of files and social insurance relations for the employee within 15 days. 4. If the employer shall pay the employee economic compensation for the disorderly act in accordance with the relevant provisions of the law, it shall be paid when the worker completes the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least 2 years for future reference.