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According to the Labor Contract Law, the employer and the employee are required to pay compensation (one month's salary per year) for the termination of the labor contract through negotiation. 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.
Labor Contract Law
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
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;
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and 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 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.
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1. If the company negotiates with you to terminate the labor contract, it is generally necessary to find the seniority of your company to calculate, and pay one month's salary every year, up to 12 years; 2. According to your working experience in the company for more than 12 years, it is okay to negotiate with the company to pay more than 12 months' salary; 3. If the company does not terminate the labor contract with you, and you are not in the mood to continue working, there is no way, unless the company gives you a certificate of dismissal, so that you can get more compensation.
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1. If the unilateral termination of the labor contract is due to the existence of Article 39 of the Labor Contract Law, the compensation shall not be reasonable; Otherwise, it is unreasonable not to compensate.
2. [Legal basis].
3. Article 46 of the Labor Contract Law stipulates that the employer shall pay economic compensation to the employee under any of the following circumstances:
4. (1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
5. (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;
6. (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
7. (4) If the employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
8. (5) Except in the case where the employer maintains or improves the provisions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;
9. (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;
10. (7) Other circumstances provided for by laws and administrative regulations.
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.
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